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HomeMy WebLinkAbout2003 06-09 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 JUNE 9, 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 6:39 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, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jeff Blanchette, 4821 Twin Lake Avenue, addressed the Council to discuss his concerns and problems with the water runoff from the Wicks Development. He informed the Council that he has been in contact with the previous City Engineers and that he has not heard back from the current City Engineer. Mayor Kragness suggested that Director of Public Works /City Engineer Todd Blomstrom set up a meeting with Mr. Blanchette to review the areas of concern. Councilmember Niesen expressed concern about dioxins and questioned if the Department of Natural Resources would be investigating this water runoff. City Manager Michael McCauley responded that there had been reports indicating there were no dioxins in the water runoff. Councilmember Niesen indicated that she would like to know for sure that there are not dioxins in the water runoff and that she would like a report back after Mr. Blomstrom reviews the areas. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the Invocation. 06/09/03 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:02 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, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, 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. 6. COUNCIL REPORT Councilmember Carmody reported that she attended a meeting on teen pregnancy and the Earle Brown Days Committee meeting. She was asked to announce that there would be an Arts and Crafts Event held on Saturday, June 28, 2003, as part of Earle Brown Days. Councilmember Lasman reported that she attended the Northwest Regional Human Rights Coalition meeting on June 3, 2003. Councilmember Niesen reported that she attended the Annual Association of Metropolitan Municipalities meeting and the Park and Recreation Commission meeting on June 3, 2003. Mayor Kragness reported that she had attended the Association of Metropolitan Municipalities monthly meeting. She informed that the Metropolitan Council has renamed the Blueprint 2030 to Framework 2030. 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 removal and repositioning of Consent Agenda Items, 7b, Licenses; and 7e, Resolution Approving Appraised Values for Properties in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11; to Council Consideration Items 9i and 9j. There was an amendment suggested for the May 27, 2003, Study Session minutes and presented to the Council at the Study Session. That amendment was acceptable and will be made to the official recorded minutes. Motion passed unanimously. 06/09/03 -2- I 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the minutes of May 19, 2003, joint work session with Financial Commission and May 27, 2003, study and regular sessions. Motion passed unanimously. 7b. LICENSES This item was removed from the Consent Agenda and repositioned as Council Consideration Item 9i. 7e. APPROVAL OF A TEMPORARY BEER LICENSE APPLICATION FOR CITY OF BROOKLYN CENTER - DUDLEY SOFTBALL TOURNAMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve a temporary beer license for the City of Brooklyn Center. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -93 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. 7e. RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 This item was removed from the Consent Agenda and repositioned as Council Consideration Item 9j. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2003-008 SUBMITTED BY NOR -WEB LLP. REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT AN OFF -SITE ACCESSORY PARKING LOT FOR THE EVANS NORDBY FUNERAL HOME LOCATED AT 6000 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 29, 2003, MEETING. 06/09/03 -3- I i City Manager Michael McCauley discussed that Planning Commission Application No. 2003 -008 submitted by Nor -Web LLP is requesting a special use permit to construct an off -site accessory parking lot for the Evans Nordby Funeral Home located at 6000 Brooklyn Boulevard. A motion was made by Councilmember Lasman to approve Planning Commission Application No. 2003 -008 subject to the conditions recommended by the Planning Commission. Councilmember Carmody informed that she had a question regarding the parking for the funeral home. She wanted to know if the parking meets the standard requirements since she has had to park on the street while attending a funeral. Planning and Zoning Specialist Ron Warren addressed the Council to discuss that the parking for the funeral home does meet the standard requirements and that there is one space for every three seats. He continued reviewing Planning Commission Application No. 2003 -008 and informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -008 subject to the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits for the final construction of the off site parking lot. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits for the parking lot. 3. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 4. B -612 curb and gutter shall be provided around all parking and driving areas as required by the City Engineer. 5. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. A special use permit is granted for an off site accessory parking lot serving the Evans Nordby Funeral Home consistent with Section 35 -701, Subdivision 3a — 3g. Any expansion or alteration of this plan not comprehended by the Zoning Ordinance or this plan shall require an amendment to this special use permit. 7. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 8. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 9. The approved plans shall be modified to provide: 06/09/03 -4- a. Concrete delineator /protectors at the north end of the row of parking and along the south side of the driveway leading to Brooklyn Boulevard. b. Extended board on board fencing to the south to include the existing Evans Nordby lot. c. Landscape screening of the parking lot from the residential property on the opposite side of Brooklyn Boulevard. d. Changes to coincide with the recommendations of the Director of Public Works /City Engineer. e. Parallel parking spaces at the north end of the lot of 24 ft. in length rather than 20 ft. 10. The applicant shall within one year of the date of the approval of this special use permit replat the two existing parcels identified as That part of Lot 40, Auditor's Subdivision No. 216, Hennepin County, Minnesota, lying North of the South 613.12 feet thereof, Together with the North 76.64 feet of the South 613.12 feet of Lot 40, Auditor's Subdivision No. 216, Hennepin County, Minnesota into a single parcel to be in compliance with Section 35 -540 of the Zoning Ordinance. 11. A cross access and parking agreement in a form approved by the City Attorney shall be developed between the off site accessory parking lot and the existing funeral home property to be filed with the titles to the properties at Hennepin County. Mayor Kragness questioned why there had been so much green space left and if that green space area could be used for more parking. Mr. Warren discussed that area had been left leaving space open for expansion of the funeral home in the future. Councilmember Niesen questioned if the concerns raised by a resident regarding sight/sound impact, traffic flow impact, and storm water drainage impact had been considered and satisfactorily met. Mr. Warren responded that all issues had been satisfactorily met with the Planning Commission. Councilmember Lasman restated her motion to approve Planning Commission Application No. 2003 -008 subject to the above mentioned conditions recommended by the Planning Commission, seconded by Councilmember Carmody. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2003-009 SUBMITTED BY LANEL CROSSING LIMITED PARTNERSHIP. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 19,070 SQ. FT., TWO - STORY ADDITION TO THE EXISTING APARTMENT BUILDING LOCATED AT 6201 LILAC DRIVE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 29, 2003 MEETING. 06/09/03 -5- Mr. McCauley discussed that the request from Paul Brewer on behalf of Lanel Crossing Limited Partnership for site and building plan approval to construct a 19,070 square foot two story addition to the existing apartment building located at 6201 Lilac Drive North had one additional issue that would create potential re- alignment of roadway. This issue would be under a separate proposal and would be requesting the City to reestablish a connection of Lilac Drive North at Fremont and 62 Avenues. Mr. Brewer addressed the Council to outline his request and to inform the Council that he had conversations with the Public Works Department and the Police and Fire Departments about reestablishing a connection of Lilac Drive North and that they seem to be in favor of that option. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -009 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates, shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 6. B -612 curb and gutter shall be provided around the new parking facility. 7. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING JUNE 20, 2003, AS NATIONAL SMALL, CITIES AND TOWNS DAY Mayor Kragness read the Proclamation Declaring June 20, 2003, as National Small Cities and Towns Day. 06/09/03 -6- A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring June 20, 2003, as National Small Cities and Towns Day. Motion passed unanimously. 9b. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that the proposed ordinance reflects the direction received from the Council in 2002 and the review of that direction by the Housing Commission. He asked that Community Development Director Brad Hoffman discuss his suggestion of changing the proposed Section 12- 913.1 from .51 calls per unit to .61 calls per unit. Mr. Hoffman addressed the Council to inform that staff had been requested to develop some measure for apartment complexes with the number of calls for service. As currently drafted, the amendment defines excessive calls for service as .51 calls per unit on an annual basis. The number is derived as the mean average number of calls for all complexes during 2002. The time period for determining the mean average for a complex is the twelve months prior to the two (2) months before the rental license expires. The calls used to create or determine the mean average are those calls set forth in Section 12 -913 of the proposed ordinance. It should be noted that the original draft of the ordinance that was reviewed by the Council used the incorrect mean average of .41 calls for service per unit. The net result of using the correct mean average is that four fewer complexes would be required to have a provisional license requirement. He suggested that the Council might want to consider changing the .51 calls per unit to .61 calls per unit to give the City a more de fensible p osition if this process were challenged in court. The Council might also want to give further consideration to the provisional license fee. Properties requiring a provisional license routinely cost the City monies in the enforcement of the City's ordinances. Mr. Hoffman recommended that the Council consider doubling the fee of the regular license. Councilmember Peppe questioned if the apartment managers would be responsible for all calls counted. Mr. Hoffman responded that the apartment managers would be responsible for all calls counted. Mayor Kragness questioned if there are other cities using similar rental ordinances. Community Development Specialist Tom Bublitz informed the Council that the City of New Brighton was the first city to adopt a rental ordinance of this nature and that this proposed ordinance for Brooklyn Center was modeled after the City of New Brighton's. Mr. Bublitz discussed that he had recently met with the New Brighton Police Chief and that the rental ordinance that New Brighton adopted has been a positive process and is creating a manageable level. Other cities with rental ordinances are Richfield, Brooklyn Park, and Eagan. Councilmember Niesen asked Mr. Hoffman where he sees the deficiency with the current ordinance. Mr. Hoffman responded that the current ordinance is aimed at the tenant and that this proposed ordinance is designed to get past individual complaints and to the complexes as a whole. 06/09/03 -7- A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the meeting for public comment. Motion passed unanimously. Gary Brummer, 507 70 Avenue North, River Glen Apartments, addressed the Council to express concern about the proposed ordinance and the issue of him losing his rental license because of an average of ten calls per month. City Attorney Charlie LeFevere informed that the proposed ordinance does not state that a person will lose their license because of a certain number of calls. The proposed ordinance adds a clause that requires a provisional license as outlined in Section 12- 913. This section of the proposed ordinance can be tailored to one single tenant and should address specific problems. Mr. Brummer discussed that he believes this proposed ordinance will take time for landlords and the time taken will drop the value of rental properties. Councilmember Carmody expressed that she believes the proposed ordinance is needed for the problem rental properties. The problem rental properties are causing the City a lot of money and she is concerned about the costs. Councilmember Niesen discussed that she has issues with the proposed rental ordinance; however, she agrees with the public safety and disagrees with the methods. Councilmember Peppe expressed that the proposed ordinance will allow the Council to work with the management to focus on the problems. If the problems are resolved, the properties will be more marketable. Mr. Brummer questioned what if someone turned into his property to have an altercation and the police were called. Mayor Kragness reminded that some of the issues are dealt case by case and that if the altercation were not with one of his tenants he would not be penalized for that call. Councilmember Niesen asked that someone explain Section 12 -912. No Retaliation. Mr. LeFevere discussed that the intent of this clause is to specify that the licensee shall not evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by a tenant. He informed that this requirement is to State Law. Councilmember Peppe expressed concern about this area and questioned if the good faith calls would be determined by the City Manager. Mr. McCauley discussed that the calls would be counted in a fashion that would allow him to determine if several calls could be considered as one. Jerald Fenstad, representing Lang Nelson and his own eleven -unit rental property (Northbrook LLC), addressed the Council to discuss the differences in calls with the two rental properties and to express that he believes the proposed ordinance should not be passed. He does not want a provisional license and believes that the Council should work with property owners and have a public hearing in two years to discuss how things are progressing. He continued discussions regarding types of calls and asked that the Council consider working with rental properties without a provisional license. 06/09/03 -8- III I Councilmember Peppe expressed that he believes that the type of calls need to be focused on the more serious calls. Councilmember Carmody reminded that safety calls are not calls that would be counted for the clause in the provisional license. Don Kasbohm, Owner of Riverwood Estates, addressed the Council to express that he believes the Council does not need to run rental properties and that the rental owners are doing a good job. He stated there has to be to another way. Mayor Kragness asked what he would suggest. Mr. Kasbohm suggested more building code violations and better enforcement. Councilmember Peppe informed that the Council is trying to accomplish designing something for those who do not correct the problems at rental properties. Mr. Kasbohm stated, ticket the tenants don't come after the management. Councilmember Niesen questioned if there would be more harm with a provisional license. Mr. LeFevere discussed that the provisional license applies to behavior and that the current ordinance is not changing. The mitigation plan is to help with reducing the problems at rental properties. Deb Bechman, PBC Management (Unity Place), addressed the Council to express concern about the selection criteria, data privacy act, Section 8, and to inform that she believes the problem rental properties should be the approached. Council discussed issues raised by Ms. Bechman and Mayor Kragness informed that the plan does not require names for the provisional license. Ms. Bechman questioned the cost of a provisional license. Councilmember Carmody responded that the cost would be set by resolution and has been suggested twice the amount of a rental license. The Council recessed at 9:02 p.m. and reconvened at 9:10 p.m. Councilmember Lasman reminded that the Council is trying to make Brooklyn Center a better place to live and that this proposed ordinance is one more tool that will be helpful. Councilmember Peppe suggested that the Council meet with the Association for Rental Management (ARM) and State Representatives before the public hearing to discuss all the issues involved with this matter. He believes that the State Representatives need to be involved to discuss some of the laws that are trumped. Mayor Kragness reminded that the ARM had already discussed this proposed ordinance and that the item was on the agenda for public comment and approval of first reading. She suggested approving the first reading and setting up a meeting with ARM and State Representatives. Art Bannman, Partner Evergreen Park, addressed the Council to discuss that he believes this proposed ordinance should not be passed and that the bad management should be gone after. Bob with Evergreen Park Management addressed the Council to inform that he and his wife started cleaning up their property in 1993 with the help of the City and Police Department. If this proposed ordinance were passed he would be telling his tenants not to call the police. Mayor Kragness suggested that they do not tell tenants not to call the police. 06/09/03 -9- John Miesen, Attorney for Brookside Manor, addressed the Council to express that his client applauds the Council for what they are trying to accomplish and to ask that the Council be careful about adopting this proposed ordinance. He asked that the Council focus on what the landlords can control, not what they cannot control. He suggested leaving the framework in place, reviewing the discretion of the City Manager, and creating a program instead of a provisional license. Mark Yelich, Housing Commission Chair, addressed the Council to outline the 7 -0 vote recommending the proposed ordinance by the Housing Commission and that the Housing Commission consists of residents living in Brooklyn Center. He discussed that he believes there is a misunderstanding with the number of calls and that the vast majority of rental units will not recognize the amendments proposed. Donald Caswell, Don Kasbohm's Dad, addressed the Council to consider that rental management is not around the properties after 5:00 p.m. or weekends. Councilmember Niesen asked where the three - strike rule was located in the current ordinance. Mr. LeFevere informed that it is Section 12 -911. Councilmember Niesen expressed that she believes there has been a lot of good feedback and that she would like to have more discussion on the proposed ordinance. Councilmember Lasman suggested considering the .61 calls for service for apartments under 100 units and .51 for apartments over 100. She believes this would be a comprise and yet still keeps it constrictive. A motion Councilmember Lasman, seconded by Councilmember Carmody to close the public comments. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on July 14, 2003. Councilmember Niesen questioned this process. Mayor Kragness discussed that this would be setting the second reading and public hearing. In the meantime a meeting could be held to discuss the comments made this evening. Mr. McCauley suggested that the Council might wish to table this item instead of introducing the ordinance and calling for the public hearing if they are going to consider making amendments. This would save on having to republish the ordinance if changes are made. Councilmember Lasman withdrew her motion to approve the first reading and set second reading and public hearing on July 14, 2003. 06/09/03 -10- Councilmember Carmody questioned what more input would make this ordinance acceptable. Councilmember Peppe discussed that some good landlords will be penalized and he would like to get the State Representatives involved to seek help with some laws that take leverage. He does not disagree with trying to improve the quality or the number of calls for service; however, he is not sure what direction everyone is going. A motion was made by Councilmember Lasman, seconded by Councilmember Carmody to table this item to the July 28, 2003, meeting. Motion passed unanimously. Councilmember Carmody requested that in the meantime she would like to get specifics or examples of calls. 9c. SHORELINE GRANT FOR TWIN LAKE PARK Mr. McCauley discussed concerns with this project and that the Council needs to make a decision by June 13, 2003, in order to receive the grant. He outlined the materials provided by staff discussing the plantings and the maintenance along with the ten -year agreement. Mayor Kragness asked if the City had applied for this grant. Mr. McCauley informed that it was the Shingle Creek Watershed Management Commission that had applied for the grant. Councilmember Niesen informed the Council that she had a letter that the City Manager had signed expressing interest in participating with this project. She distributed the copy along with a copy of a letter from the Minnesota Department of Natural Resources (DNR) clarifying the involvement with the project. Councilmember Niesen expressed that she believes the Council needs to vote to improve this park. The residents want it and she does not see any negativity with the project. Councilmember Carmody questioned why the residents that attended the meeting regarding this project did not volunteer to help with the project. Councilmember Niesen responded that there was no effort in getting the volunteers at the meeting. Mayor Kragness discussed in regards to the information she had received about the project; and the financial constraints the City is facing; she would not be in favor of approving this project. Councilmember Niesen informed that she believes that the information received about the project was incorrect. Director of Public Works /City Engineer Todd Blomstrom discussed that the information he prepared is directly written from the grant materials and that the estimates for the time involved are estimates only. He reminded the Council that if the ro' ect was ap and later the volunteers backed out r � rr or did not like the appearance, there is no provision to back out. Mayor Kragness informed that she had received phone calls that were negative about the project. 06/09/03 -11- Councilmember Niesen stated that she would volunteer for the project and begged that the Coti. o= j accept the grant. Councilmember Peppe asked what would happen and who would be replacing the plantings if the plants are destroyed when watercrafts launch at the beach. Councilmember Niesen believes that the DNR said they would replace the plants. Councilmember Carmody discussed that the previous letter distributed by Councilmember Niesen regarding Mr. McCauley's interest with the project was written last year in October and informed that she cannot support this proj ect at this time. There are parks that have no bathrooms and with the recent budget issues, there are other parks not getting funding. Councilmember Niesen expressed that there has been little money spent on Twin Lake Park and the park needs this project. Bud Sorenson, Park and Recreation Commission Chair, addressed the Council to recap the meeting that was held regarding the project. He discussed that the Park and Recreation Commission was in favor of this project; however, the costs, on going cost, and volunteers are what they wanted the Council to consider. He wished to point out that if the area were to be come more attractive, there would be more people coming to the area and that is something to keep in mind. Mr. McCauley questioned if there was a page two from the letter that Councilmember Niesen had distributed and who had signed the letter. Councilmember Niesen said that the letter came from Neil Vanderbosen with the DNR and that she was not aware of a page two. Mr. McCauley suggested that since Councilmember Niesen had indicated that the watershed would undertake the responsibility for coordinating volunteers to do the plantings and maintenance anticipated, the Council might wish to consider the project if the Shingle Creek Watershed Management Commission would agree to hold the City harmless from any of the obligations relative to planting, maintenance, and watering of the project. If the Council wishes to have the City Attorney draft something to hold the City harmless under the grant agreement, he could direct him to do so. Councilmember Peppe stated that he would like the City held harmless from damage to the plantings and that he would be in favor of this project if the conditions recommended were accepted. A motion by Councilmember Niesen, seconded by Councilmember Peppe to accept the grant under the condition that the City be held harmless from any of the obligations relative to planting, maintenance, watering of the project, and from damage done to the plantings. Motion passed unanimously. A motion by Councilmember Niesen, seconded by Councilmember Carmody to extend the meeting to 11:30 p.m. Motion passed unanimously. 06/09/03 -12- 9d. QWEST CONTRACTS FOR MAIN SERVICE FOR TELEPHONE SYSTEMS LOCATED AT CITY HALL /COMMUNITY CENTER, POLICE, EARLE BROWN HERITAGE CENTER, AND POINT TO POINT VOICE/DATA CONNECTIONS FOR PUBLIC WORKS GARAGE /CITY HALL AND EARLE BROWN HERITAGE CENTER/CITY HALL Mr. McCauley discussed that Information Technology Coordinator Patty Hartwig had been reviewing telephone services. As outlined in her materials she recommends the consideration of entering into five -year contracts with Qwest for main service for telephone systems located at City Hall /Community Center, Police, and Earle Brown Heritage Center; and five -year contracts for Point to Points at the Public Works Garage and Earle Brown Heritage Center. This would be a savings of approximately $16,000 annually starting in June 2003. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the five - year contracts. Motion passed unanimously. 9e. AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF Mr. McCauley discussed that this ordinance is on the agenda for approval of first reading and to set second reading and public hearing on July 14, 2003. This ordinance provides that the City may impose a franchise fee pursuant to State Law. The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance, if the Council would determine at some other date to impose a franchise fee. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve first reading and set second reading and public hearing on July 14, 2003. Motion passed unanimously. 9f. CODE ENFORCEMENT REPORT Mr. McCauley reported that as of May 27, 2003, the east side of the City is nearly 70 percent complete for first inspections; the southwest portion of the City is nearly 40 percent complete for first inspections; and the northwest area will be completed by both Neighborhood Liaisons. The first inspections for the entire City should be completed by June 15, 2003. The second round of inspections had started with an anticipated completion date of June 30, 2003. As outlined in the materials, the total number of violations was 455 with a total number of 521 letters issued. 06/09/03 -13- 9g. RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR VACATING AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL Mr. McCauley discussed that the resolution would authorize an agreement with Osseo School District No. 279 to allow a building permit to be issued prior to easement vacation. The agreement will include stipulations that the Council provides no commitments to approve the easement vacation request at this time and that the School District assumes all financial and other liabilities if the request for easement vacation is denied. I RESOLUTION NO. 2003 -94 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR VACATING AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9h. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE INFRASTRUCTURE CONSTRUCTION FUND Mr. McCauley discussed that this resolution would provide for an equity transfer from the General Fund to the Infrastructure Construction Fund to transfer monies to support the ongoing street reconstruction program initiated by the Council. RESOLUTION NO. 2003 -95 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE INFRASTRUCTURE CONSTRUCTION FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9i. LICENSES This item was removed from the Consent Agenda. Councilmember Niesen had requested this item to be removed to discuss; however, she had her questions answered during the rental ordinance discussion. 06/09/03 -14- A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Anderson Heating and A/C 4347 Central Avenue NE, Columbia Heights Michals HHH Inc. 2779 161 Avenue NW, Anoka Minnesota Gaslight Inc. 7866 University Avenue NE, Fridley RENTAL Renewal: 3612 55 Avenue North Lutheran Social Service 132963 d Lane North Ann Rockler Jackson Melrose Gates Apartments Soderberg Apartment Specialists River Glen Apartments Gary Brummer Initial: 130072 nd Avenue North Marinela and Scott Selseth 6777 Humboldt Avenue North Andrey Ryvlin 9j. RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 This item was removed from the Consent Agenda. Councilmember Niesen had requested this item to be removed to discuss the process for condemnation actions. Mr. McCauley and Mr. LeFevere outlined the process. She questioned who had done the appraisals and if the appraisals were available. Mr. Blomstrom informed that Orion Appraisals Inc. had performed the appraisals and that they were present. RESOLUTION NO. 2003 -96 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 06/09/03 -15- 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 11:12 p.m. Motion passed unanimously. 3 City Clerk Mayor 06/09/03 -16-