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Home My WebLink About2004 09-13 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 SEPTEMBER 13, 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 6:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Roger and Marsha Dokken, 3818 Burquest Lane, addressed the Council to discuss their concrete apron and the concerns they had with an asphalt patch. Mr. Dokken informed that he does not want his driveway patched and that he would be willing to pay the difference for concrete. Mayor Kragness asked them to speak with the Director of Public Works /City Engineer Todd Blomstrom. Paul Hyde from Real Estate Recycling addressed the Council to present an award that they had for the Caribou Building from the Business Journal. The award was for the Best in Real Estate Project. Mr. Hyde expressed thanks to the Council and City staff for the talented and creative work with the Caribou Building. Mayor Kragness asked when the Grand Opening for the Caribou Building would be held. Mr. Hyde responded that the Caribou Grand Opening would be October 13, 2004. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adj ourn the Informal Open Forum. Motion passed unanimously. 2. INVOCATION A moment of silence was offered for the Invocation. 09/13/04 -1- 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 7:41 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, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Mayor Kragness reported on the award that had been presented to the City Council from Real Estate Recycling. The award was for the Best in Real Estate Project from the Business Journal for the Caribou Building. Councilmember Carmody reported that she attended the Financial Commission meeting and that they discussed the financial policies, the fund balance, and Tax Increment Financing. Councilmember Lasman reported that she attended the Northwest Hennepin Human Rights Coalition meeting on September 7, 2004, and shared information she had received from a representative from the Neighborhood House. She informed that the Hennepin County Library will be offering classes in Spanish and that if people wanted more information to call 952- 847 -8510. Councilmember Niesen reported that she had contacted the C. P. Rail regarding the train noise in the southwest neighborhood and that come December they will be moving with the interim rule. Councilmember Niesen informed that she had been contacted regarding the Council meetings and people are not able to hear the Council and staff during Council meetings. She encouraged all Council Members and staff to speak louder during the City Council meetings. Mayor Kragness reported that she attended a Transportation Policy meeting on September 7, 2004, and that one of the discussions was the future planning for Highway 610. She informed that no date was provided other than within the next five years and that plans are in the future. Mayor Kragness reminded citizens that the polls would be open from 7:00 a.m. to 8:00 p.m. for the Primary Election on September 14, 2004. 09/13/04 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the proposed amendments to the August 23, 2004, study session minutes. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the August 23, 2004, study, regular, executive, and work session meeting minutes with the following amendments to the study session minutes: Page 2 Councilmember Lasman questioned if follow -up calls would continue if the City were to switch dispatch services through Hennepin County. Mr. McCauley discussed that Hennepin County uses different protocols than the City and that he would get more specific information in response to Councilmember Lasman's question. Councilmember Lasman inquired if it would also be possible to get information as to what the ratio of citizens to dispatchers would be for the City. Page _3 Councilmember Lasman expressed that she would like to wait until Hennepin County makes a decision; however, believes it would be helpful to obtain input from businesses on their position with smoking bans if something is not passed at the County level. Page _4 Councilmember Lasman informed that she had been lead to believe when the Council cut the funding for REACH in 2003 for 2004 that the participants would not be missing out on much for services in Brooklyn Center. Mr. McCauley discussed that the City is required to provide adaptive services and that there have not been many requests for services in 2004. Councilmember Lasman expressed that she would like to make sure that REACH participants are able to have the opportunity to participate in events. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES Brookdale Mall 1108 Brookdale Mall GASOLINE SERVICE STATION Speedway SuperAmerica #3192 6950 Brooklyn Boulevard 09/13/04 -3- OFF -SALE 3.2 PERCENT MALT LIOUOR Speedway SuperAmerica #3192 6950 Brooklyn Boulevard MECHANICAL Wencl Services Inc. 8148 Pillsbury Avenue S, Bloomington RENTAL - No Calls for Service on Anv of the Following: Renewal: 3955 69 Avenue North Richard Dawson 5401 Brooklyn Blvd. Northport Properties 5407 Brooklyn Blvd. Duane Om 7018 Brooklyn Blvd. Nelia Schaff 5618 Hillsview Road Nita Morlock Initial: 381362 d Avenue North Jingxi Yiu 6228 Brooklyn Drive Joel James 6343 Emerson Avenue North Michael Meyer 5814 Ewing Avenue North Salem & Michele Nyarecha 5707 Fremont Avenue North Roger Hedlund 7030 Newton Avenue North Malcolm Vinger 5347 -49 Penn Avenue North Karen Pelak 6724 Toledo Avenue North Steven & Cheryl Schleif TOBACCO RELATED PRODUCT Speedway SuperAmerica #3192 6950 Brooklyn Boulevard 7c. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER RESOLUTION NO. 2004-118 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 09/13/04 -4- RESOLUTION NO. 2004-119 Councilmember 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 Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING QUOTATION AND AWARDING CONTRACT, 2004 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2004-15, CONTRACT 2004 -I RESOLUTION NO. 2004-120 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING QUOTATION AND AWARDING CONTRACT, 2004 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2004 -15, CONTRACT 2004 -I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD OCTOBER 2, 2004 A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application and permit for a temporary on -sale liquor license submitted by St. Alphonsus Parish for event to be held on October 2, 2004. Motion passed unanimously. 8. PUBLIC HEARING ITEMS 8a. PUBLIC HEARING REGARDING 2004 PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS — RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 09/13/04 -5- City Manager Michael McCauley discussed that the City annually certifies special assessments for delinquent public utility service accounts to the Hennepin County tax rolls and this public hearing is for those who wish to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-121 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT Mr. McCauley discussed that this ordinance amending Chapter 35 of the City Ordinances updates the ordinance with the new flood plain maps and flood insurance study. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-18 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT 09/13/04 -6- The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. 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; REPEALING SECTIONS 23 -1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE LICENSING OF COIN - OPERATED AND SELF - SERVICE DRY CLEANING MACHINES Mr. McCauley discussed that currently the City requires 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. The proposed ordinance amendment would implement the condition of payment of property taxes for the following business licenses: Commercial Kennel, Rental Housing, Tobacco Related Products, Bowling Alleys, Public Dance, Filling Stations, Saunas and Sauna Baths, Massage Parlors, Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, and Escort, Model, Dancing, and Hostess Services. Mr. McCauley discussed that as part of this ordinance amendment review, language was added to include that the rental housing license holder be current on the payment of utility fees, taxes, and assessments due on the licensed property and other rental property in the City owned by the license holder; and that Sections 23 -1001 through 23 -1008 relating to the licensing of coin - operated and self - service dry cleaning machines be repealed. A motion by Councilmember Carmody, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-19 Councilmember Peppe introduced the following ordinance and moved its adoption: 09/13/04 -7- 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; REPEALING SECTIONS 23- 1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE LICENSING OF COIN - OPERATED AND SELF - SERVICE DRY CLEANING MACHINES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE CITY'S FORESTRY PROGRAM Mayor Kragness read the resolution expressing appreciation for the gift of $2,500 from the Brooklyn Center American Legion in support of the City's Forestry Program. RESOLUTION NO. 2004-122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE CITY'S FORESTRY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen questioned whom the contact person would be regarding the forestry program. Mr. McCauley discussed that people may contact the Public Works Department regarding the forestry program. She encouraged persons to make suggestions for placement of trees to the Public Works department if they knew of areas where trees may be needed. Motion passed unanimously. 9b. RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2005 AND ACCEPTING SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS AT CITY COUNCIL LEADERSHIP WORKSHOP Mr. McCauley discussed the following 2005 Goals that had been previously developed at the City Council Leadership Workshop: 09/13/04 -8- Goal No. 1: Create a new Brooklyn Center "Downtown" blueprint. (Opportunity Site — Brooklyn Center's Central Business District) Goal No. 2. Continue funding of community services. Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic Enforcement Efforts. Goal No. 4: Continue the Street Reconstruction Program. Councilmember Carmody suggested that the following language be added to the resolution: Important Note: Goals 1 and 2 become the "super ordinate goals" that will be absorbing most of the Council's leadership and the municipal staff s management capacity during 2005. Goals 3 and 4 are reflective of the Council's commitment to sustain the efforts these goals addressed because of their extreme importance to the community. A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the resolution. Councilmember Niesen expressed that she does not want to see environmental issues left out and questioned if that should be something listed under Goal No. 3. Councilmember Carmody discussed that she recalls the issue was discussed; however, it was not one of the final items to be listed under Goal No. 3. Councilmember Niesen noted that the word mil had not been removed from page 8; and asked that the Councilmembers who were present be listed as part of the introduction and that language on the following paragraph of page nine be amended to: Because Council Member Niesen had to leave early and Council Member Peppe was unable to attend the retreat, it was not possible to discuss these issues fully and develop a consensus on what actions the council may wish to take, if any, relative to these issues. It is recommended that this discussion ' be continued at the scheduled February 5, 2005 City Council Leadership Workshop. RESOLUTION NO. 2004-123 Councilmember Niesen introduced the following resolution and moved its adoption along with the above amendment to the Summary of Key Observations and Conclusions: 09/13/04 -9- RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2005 AND ACCEPTING SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS AT CITY COUNCIL LEADERSHIP WORKSHOP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9e. AN ORDINANCE AMENDING SECTIONS 11- 509,11 -610, AND 11 -710 OF THE CITY CODE RELATING TO THE LICENSING OF ESTABLISHMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES Mr. McCauley discussed that the City Attorney had drafted an ordinance amendment that would clarify the requirement of taxes be paid to an entire tax parcel, not only the premises. Councilmember Carmody expressed that she believes this may not be considerate to Applebee's; however, this would be in the best interest of the City. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 13, 2004. Motion passed unanimously. 9d. 2005 PRELIMINARY BUDGET AND TAX LEVY REPORT 1. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2005 2. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2005 FISCAL YEAR 3. RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2005 Mr. McCauley discussed that the 2005 preliminary levy is proposed at the maximum and that it can be reduced if needed; and that the Truth in Taxation hearing is scheduled for December 6, 2004, at 7:00 p.m. If a continuation hearing is needed, that hearing would be held on December 13, 2004, at 6:00 p.m. The final budget adoption and hearing would also be on December 13, 2004, during the Regular City Council meeting. 09/13/04 -10- I Mr. McCauley discussed that the proposed budget maintains the current operations and proposes a three percent levy increase plus $335,033 in Local Government Aid (LGA) loss replacement. The General Fund Budget continues reductions implemented in 2004 to reflect $1.68 Million loss of LGA and includes staff reductions from 2004, reduced service levels, and franchise fees to help fund street reconstruction (not in General Fund: was implemented to sustain street reconstruction). The change in total revenues from taxes and aids in 2001 to 2005 is $77,925 or 7/1 Oths of one percent. Councilmember Carmody expressed that she believes this proposed budget will give the City breathing room after two to three years of steady cuts. Councilmember Niesen asked for qualification regarding the 5.08 percent levies. Mr. McCauley discussed that the 5.08 percent reflects a combined levy for operations and debt and the Housing and Redevelopment Authority (HRA). Councilmember Niesen reiterated that percentage increase in the levy is not what people will see on their tax statement as an increase due to increasing residential values and other factors. Mr. McCauley responded that is correct and results in residential paying more taxes. Councilmember Niesen expressed that balancing the budget is not easy and that she wants to study and get as much information as she can on scenarios that might play out in order to learn and try to predict the burden to tax payers. RESOLUTION NO. 2004 -124 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2004 -125 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2005 FISCAL YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 09/13/04 -11- RESOLUTION NO. 2004-126 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. 2004 CITY COUNCIL MEETING SCHEDULE AMENDMENT Mr. McCauley requested that the 2004 City Council Meeting Scheduled be amended to reschedule the October 11, 2004, City Council Study, Regular, and Work Session Meetings to October 13, 2004. A motion by Councilmember Carmody, seconded by Councilmember Lasman to reschedule the October 11, 2004, City Council Study, Regular, and Work Session Meetings to October 13, 2004. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the City Council meeting at 8:34 p.m. Motion passed unanimously. i 1M'kl v _ , h� P- �-ti� City Clerk Mayor 09/13/04 -12-