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HomeMy WebLinkAbout2003 04-28 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 APRIL 28, 2003 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 Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Bob Hill, 4701 Twin Lake Avenue, addressed the Council to discuss his concerns with the neighborhood street program for the southwest area; question the recent crime rates published in the Sun Post Newspaper; and continue discussions regarding the Twin Lake Shoreline Restoration Project. Mr. Hill expressed thanks for the playground equipment at Twin Lake Park and questioned when the landscaping and sandburs would be finished. City Manager Michael McCauley informed that the sodding and the sandburs removal were scheduled to be finished this year. Director of Public Works /City Engineer Todd Blomstrom discussed that the seeding for the park has been difficult due to the dead -end line in the watermain. Monitoring devices had been installed to calculate water levels and they continue to monitor the water quality. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 04/28/03 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Pro Tern Kay Lasman at 7:02 p.m. 4. ROLL CALL Mayor Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she attended a Legislative Breakfast at the Crystal Community Center. Councilmember Carmody reported that she attended the Housing Commission meeting on April 15, 2003, and that the Housing Commission's decision on the proposal for paving of driveways was undecided. She informed that the Council would need to make the decision and suggested that the Council discuss this matter at a future work session. She reported that the Commission Recognition Event was held on April 21, 2003, and that the turnout was low. She suggested that the Council discuss this matter at a future work session. Mayor Pro Tem Lasman reported that she attended the Crime Prevention Awards Ceremony on April 17, 2003, the Great Shingle Creek Watershed Clean Up Event on April 19, 2003, the Commission Recognition Event on April 21, 2003, the first Neighborhood Coalition Meeting on April 22, 2003, and on the Mayor's behalf a breakfast meeting sponsored by the Tour and Conventions Bureau on April 26, 2003. Councilmember Carmody informed that the Brooklyn Center Annual Prayer Breakfast would be held on May 3, 2003, at the Earle Brown Heritage Center from 8:00 a.m. to 10:00 a.m. Mayor Pro Tern Lasman informed that the Brooklyn Center Crime Prevention's golf event would be held on May 16, 2003. 04/28/03 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Niesen, seconded by Councilmember Peppe to approve the agenda and consent agenda with the removal and replacement of 7a, Approval of Minutes, to Council Consideration as item 8i. Motion passed unanimously. 7a. APPROVAL OF MINUTES This item was removed from the Consent Agenda and placed on Council Consideration as agenda item 8i. 7b. LICENSES A motion by Councilmember Niesen, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL C O Carlson Air Cond. Co. 3456 Washington Avenue North, Minneapolis Countryside Htg & Cooling 6511 Highway 12, Maple Plain P & H Services Co. 1601 67 Avenue North, Brooklyn Center MOTOR VEHICLE DEALERSHIP Brookdale Ford 2500 County Road 10 R.L. Brookdale Motors 6801 Brooklyn Boulevard RENTAL Renewal: 507 69P Avenue North Outreach Six Acres Inc. 7211 Girard Avenue North Tommy Vang Initial: 5449 Colfax Avenue North Aaron Vos SIGNHANGER Lawrence Sign 945 Pierce Butler Route, St. Paul Nordquist Sign Co. 312 West Lake Street, Minneapolis Sign Solutions 3810 West Broadway, Robbinsdale TOBACCO RELATED PRODUCT Ref's Sports Bar & Grill 2545 County Road 10 04/28/03 -3- 7c. PROCLAMATION DECLARING MAY 13 THROUGH 17, 2003, TO BE MINNEAPOLIS DISTRICT DAYS A motion by Councilmember Niesen, seconded by Councilmember Peppe to adopt the Proclamation Declaring May 13 Through 17, 2003, To Be Minneapolis District Days. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-70 Councilmember Niesen 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 Peppe. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CONSENT TO SUBMIT A NOTICE OF INTENT FOR A GENERAL STORMWATER PERMIT TO THE MINNESOTA POLLUTION CONTROL AGENCY RESOLUTION NO. 2003 -71 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO SUBMIT A NOTICE OF INTENT FOR A GENERAL STORMWATER PERMIT TO THE MINNESOTA POLLUTION CONTROL AGENCY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION APPROVING TRAFFIC SIGNAL PLANS AND COOPERATIVE AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT CSAH 152 AND 63 AVENUE NORTH RESOLUTION NO. 2003-72 Councilmember Niesen introduced the following resolution and moved its adoption: 04/28/03 -4- RESOLUTION APPROVING TRAFFIC SIGNAL PLANS AND COOPERATIVE AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT CSAH 152 AND 63 AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2003-01,02,03, & 04, HAPPY HOLLOW STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-73 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2003-01,02,03, & 04, HAPPY HOLLOW STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF AFTER - SCHOOL PROGRAMS AND THE ADOPT -A- PARK/TRAIL /STREET PROGRAM City Manager Michael McCauley discussed that this resolution would express appreciation for the gifts from the Brooklyn Center Fire Department Relief Association of $1,000 designated to support after - school programs and $200 designated to support the Adopt- A- Park/Trail /Street Program. Mayor Pro Tern Lasman expressed extra thanks since this money will be useful with all the cutbacks the City is facing. RESOLUTION NO. 2003-74 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF AFTER - SCHOOL PROGRAMS AND THE ADOPT- A- PARK/TRAIL /STREET PROGRAM 04/28/03 -5- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. PROCLAMATION DECLARING MAY 11-17,2003, AS POLICE WEEK Councilmember Peppe read the Proclamation Declaring May 11 -17, 2003, as Police Week. A motion by Councilmember Peppe, seconded by Councilmember Carmody to adopt the Proclamation Declaring May 11 -17, 2003, as Police Week. Motion passed unanimously. 8c. RESOLUTION ADOPTING HOUSING BOND POLICY AND PROCEDURES Mr. McCauley discussed that this resolution would adopt a uniform policy and procedure to ensure that entities receiving housing revenue bonds issued through or with the assistance of the City, including tax credits, maintain and operate housing properties receiving such assistance in accordance with the representations made to induce the City to participate in the issuance of housing bonds or approval of tax credits. He outlined some of the application process and informed that the policy and procedures would be reviewed by the City Council from time to time to review its efficacy and application. Councilmember Carmody questioned the nonrefundable application fee of $5,000 for the bond request of $5,000,000 to cover the City costs in processing and considering the application; and the contract term that requests the applicant to provide and maintain an irrevocable letter of credit, in an amount specified by the City which the City may draw upon if the applicant fails to pay the City's fees and costs. City Attorney Charlie LeFevere discussed that the idea of the nonrefundable application fee is not a new term, applicants pay now, and that if the fees are not enough and more investigation is needed the City can determine if an applicant will need to submit a letter of credit. Mr. McCauley added that the clause pertaining to the fees associated with the letter of credit relate to the City's administration costs. Councilmember Niesen questioned the justification for this policy and procedure. Mr. McCauley informed that the policy and procedures would have the City approve tax credits and housing bond revenues. She questioned if the City had in the past provided money and applicants had not followed through with the process. Mr. McCauley discussed that properties have not always been operated in accordance with their obligation's to maintain the housing. Councilmember Niesen questioned if this would in any way cost the City. Mr. McCauley responded that there are legal and staff costs; however, the costs are paid by the application fee and the applicant pays the costs of issuing the bonds. Mr. LeFevere added that it should be noted that the City is not lending the money and that taxpayers are not at risk. RESOLUTION NO. 2003-75 Councilmember Carmody introduced the following resolution and moved its adoption: 04/28/03 -6- RESOLUTION ADOPTING HOUSING BOND POLICY AND PROCEDURES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8d. PROPOSED MIDDLE TWIN LAKE SHORELINE RESTORATION PROJECT Mr. McCauley discussed that the City received materials from the Shingle Creek Watershed Management Commission regarding a grant the Watershed had applied for to install a rain garden and native plantings along the shoreline of Twin Lake Park. When the agenda was prepared the requested action was to reject the proposed project. Since then comments had been received about having the Park and Recreation Commission and residents review and comment on this proposed project. He informed that this proposed project would not be consistent with the City's Capital Improvement Plan (CIP) adopted for 2002 -2006 as developed through the Park and Recreation Commission meetings and surveys. Councilmember Peppe expressed that he agrees with the recommendation to have the Park and Recreation Commission review this proposed project and to have them discuss with the area residents. Councilmember Carmody questioned if a letter could be sent to the area residents with better pictures of what the proposed project would actually look like when finished. Mr. McCauley suggested that the proposed project be forwarded to the Park and Recreation Commission and have them review before requesting comments from the area residents. The Park and Recreation Commission could report back to the City Council on what direction to take with this proposal. Mayor Pro Tem Lasman questioned if a motion should be made to refer this proposed project to the Park and Recreation Commission and request them to make a recommendation to the City Council on what direction to take. Mr. McCauley responded that would be okay. Councilmember Niesen discussed that she believes this would be an exciting opportunity for Twin Lake Park and is excited that the Shingle Creek Watershed Management Commission had received grant monies for this proposed project. She hopes that this proposed project will move forward; and to learn more about the grant and the possibility of negotiating the timeline for the grant period from ten to five years, if ten years too long. A motion by Councilmember Niesen, seconded by Councilmember Peppe to refer this proposed project to the Park and Recreation Commission and get feedback from the area residents. Mayor Pro Tem Lasman reiterated that the motion was to refer this proposed project to the Park and Recreation Commission and have them make a recommendation to the City Council on what direction to take. 04/28/03 -7- Councilmember Carmody questioned the timeframe and when the Council will receive the recommendation. Mr. McCauley informed that the Park and Recreation Commission will meet on May 20, 2003, and that he hopes to have a report to the City Council at the May 27, 2003, City Council meeting. Motion passed unanimously. 8e. LETTER OF AGREEMENT WITH METROPOLITAN COUNCIL: TRANSIT HUB Mr. McCauley discussed that the City's Legislative Representatives have been working hard on this transit hub issue and that the agenda item would approve a Letter of Agreement that would result in a 3,200 square foot brick, polished metal, glass, and climate controlled transit hub on Northway Drive (former Wells Fargo and JoAnn Fabrics properties). The Letter of Agreement also would result in construction of public restrooms, security cameras, space for concession leasing, and construction as soon as practicable, and completion not later than December 2004. There would be no financial obligation to the City. Mayor Pro Tern Lasman questioned if the transit hub would be operational before the construction is completed. Mr. McCauley responded that it would probably not open prior to completion of construction but the Metropolitan Council would like to have the transit hub operational as soon as possible since the current location at 56`" Avenue is not suitable for them or the City. Councilmember Peppe questioned the use of the security cameras and if the security cameras will be monitored at the City's Police Department. Mr. McCauley discussed that the security camera monitoring will be determined at a later date by Metropolitan Transit and the cameras may be monitored or may just record activity on tape. Councilmember Peppe expressed that he believes security cameras are an important factor and that he would like to have the use of security cameras discussed further. Councilmember Carmody questioned the $5 Million for construction and if the City would be responsible for any costs. Mr. McCauley informed that there would be no obligations of the City. The City would assist in finding a tenant for the concession area. Councilmember Carmody questioned the security camera use at the Uptown transit facility. Mr. McCauley informed that he believes they use videotapes from the cameras and that they are looking into other options. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the Letter of Agreement. Motion passed unanimously. 04/28/03 -8- 8f. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY Mr. McCauley discussed that this ordinance repealing Chapter 2 of the City Ordinances and adopting a new ordinance regarding the disposition of abandoned and unclaimed property was discussed at the April 14, 2003, meeting. The requested action for this item is to approve the first reading and set second reading and call for public hearing on May 27, 2003. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading with 90 percent as the percent for spending lawful purposes and set second reading and public hearing on May 27, 2003. Motion passed unanimously. 8g. AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY Mr. McCauley discussed that this ordinance amending sections in Chapter 11 and Chapter 23 of the City Ordinances would eliminate the prohibition against operating in more than one location; eliminate the payout limitation of 80 percent; and permits other forms of gambling (paddle wheels and tipboards). He informed the Council that the City Attorney had left a blank for the Council to define. The current ordinance provides that 90 percent of gambling proceeds must be spent on lawful purposes within the City of Brooklyn Center. State Law no longer authorizes such a restriction; however, State Law does authorize the City to require that a percentage of lawful proceeds be expended in the "trade area" of the City. The law requires that the "trade area" be defined in the ordinance to include at least all of the cities that are contiguous to the licensing city. It was the consensus of the Council to define and have the blank filled in with 90 percent. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on May 27, 2003. Motion passed unanimously. 8h. REPORT ON CODE ENFORCEMENT SUMMER SWEEP Mr. McCauley reported that the residential code enforcement sweep will start on May 1, 2003, and the commercial code enforcement sweep will start on June 30, 2003, with a targeted completion date of September 30, 2003. The process used will be similar to past years with a written notice of violation, a second written notice if not corrected within time provided, and then a citation after second notice. Problem properties will receive one notice or citation. 04/28/03 -9- i He informed that the Police Department could be contacted to report a code violation and that citizens can remain anonymous. Citizens are to call the Neighborhood Liaison and if a response is desired a name and phone number or address will be needed to respond. Citizens can also contact the City's Website ( Info @ci.brooklyn- center.mn.us). Mayor Pro Tem Lasman questioned if there would be a focus on any particular area. Mr. McCauley stated there is no one area of focus, but problem properties from past years will receive great attention. Councilmember Niesen questioned the period of time for written notices. Mr. McCauley discussed that it depends on the nature of the nuisance. Most notices are for two weeks; however, there are 30 to 45 day notices. She expressed that she is not in favor of issuing notices for little things and that she is worried about the second written notice. She questioned what would happen if a citizen were to call after receiving a second notice. Mr. McCauley discussed that contacting the Neighborhood Liaison to work out problems is acceptable and that the outcome of the call would be determined case by case. She questioned how staff keeps track of code violations. Mr. McCauley responded that there is a database used. Councilmember Niesen expressed that she would like to have a kind and even code enforcement procedure. Councilmember Carmody questioned if the Neighborhood Liaison looks for evidence such as people running businesses out of their homes. Mr. McCauley informed that tends to be more complaint driven. 8i. APPROVAL OF MINUTES Councilmember Niesen discussed that she had the minutes pulled because she wanted changes incorporated. Councilmember Carmody expressed that she had no problem with the following changes: April 7. 2003. Work Session, Mize 3 Councilmember Niesen questioned the subject of franchise fees and asked why it had not come up before, or if it had. April 14, 2003. Studv Session, pate 2 Councilmember Niesen expressed that she is not willing to commit any taxpayer funds to providing restroom services for MTC's transit business, but that if MTC was to provide this service, it would be a nice amenity to the bus hub in Brooklyn Center and serve the community well. There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the minutes of April 7, 2003, work session, and April 14, 2003, study and regular sessions with above referenced amendments submitted by Councilmember Niesen. Motion passed unanimously. 04/28/03 -10- 9. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:16 p.m. Motion passed unanimously. City Clerk Mayor 04/28/03 -11-