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HomeMy WebLinkAbout2003 08-25 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 25, 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 Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Bob Peppe was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Bob Peppe was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 08/25/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Council Retreat on August 23, 2003, and that she believes the Retreat went well. Councilmember Lasman reported that she attended a Crime Prevention meeting on August 20, 2003. She informed that Safety Camp went well this year and that the Police Department 365 Report/Entry is ready for submission. Councilmember Niesen expressed that she believes the Council Retreat was a valuable opportunity for her being new to the Council. She discussed that one of the goals she would like to see more of would be increased participation with citizens. Mayor Kragness reported that she attended the Safety Camp and wished to express thanks to the four Police Officers who did a wonderful job with the children. She also wished to express thanks to the staff for all the work they do to prepare for this event. Mayor Kragness informed that the Cross of Glory Lutheran Church is inviting persons to attend a ceremony to honor heroes on September 11, 2003, 7:00 p.m. If persons were interested in nominating a hero they are to contact the Cross of Glory Lutheran Church. 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 amendment to page three of the August 11, 2003, Work Session minutes. (Councilmember Carmody asked that it be included in the minutes that she would also like to hold interviews for legal services.) Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the August 11, 2003, study, regular, and work sessions meeting minutes with the amendment to page three of the August 11, 2003, work session minutes. (Councilmember Carmody asked that it be included in the minutes that she would also like to hold interviews for legal services.) Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 08/25/03 -2- GARBAGE HAULERS Environmental Recycling Inc. 505 Hardman Avenue, South St. Paul MECHANICAL Binder Heating A/C 222 Hardman Avenue North, So. St. Paul Midland Heating & A/C 6442 Penn Avenue South, Richfield Minnesota Heating & Air 10701 93 Avenue North, Maple Grove RENTAL Renewal: 5337 70 Circle - Gary Bistodeau 5001 Ewing Avenue North (4 units) - Bart Dabrowski 6012 Zenith Avenue North - Hearthstone Properties Initial: 351347 th Avenue North (11 units) - Richard Grommes 361347 th Avenue North (I I units) - James Lewis 511866 th Avenue North - Scott Hanson and Wade Klick 5563 Humboldt Avenue North - Andrew Hanson 6001 June Avenue North - Toua Hang 7c. APPROVAL OF A CONTRACT BETWEEN THE CITY OF BROOKLYN CENTER, SCHOOL DISTRICT NO. 286, AND HENNEPIN COUNTY FOR THE USE OF BROOKLYN CENTER'S COUNTY -OWNED ELECTION EQUIPMENT BY THE SCHOOL DISTRICT A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve a contract between the City of Brooklyn Center, School District No. 286, and Hennepin County for the use of Brooklyn Center's County -owned Election Equipment by the School District. Motion passed unanimously. 7d. APPROVAL OF APPLICATIONS FOR EXEMPT PERMITS (RAFFLES) FROM MINNESOTA CHAPTER 18 TELECOMPIONEERS FOR EVENTS ON JANUARY 23, APRIL 16, AND AUGUST 20, 2004 A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application for exempt permits (raffles) from Minnesota Chapter 18 Telecompioneers for events on January 23, April 16, and August 20, 2004. Motion passed unanimously. 7e. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH 08/25/03 -3- 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, 7025 Halifax Avenue North. Motion passed unanimously. 7f. RESOLUTION ESTABLISHING LIQUOR LICENSE INVESTIGATION FEES RESOLUTION NO. 2003-120 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LIQUOR LICENSE INVESTIGATION FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-121 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. 7h. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2003 -122 Councilmember Carmody 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 Lasman. Motion passed unanimously. 08/25/03 -4- 7i. RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 RESOLUTION NO. 2003 -123 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY 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 Lasman. Motion passed unanimously. 8. CENTERPOINT RENTAL LICENSE 8a. REPORT FROM PROSECUTING ATTORNEY WILLIAM CLELLAND City Manager Michael McCauley reported that the City's Prosecuting Attorney had informed the Council at its Study Session that the Summerchase Apartments, now known as CenterPoint Apartments, has complied with all orders and that the regular rental license should be restored. A motion by Councilmember Lasman, seconded by Councilmember Carmody to have the rental license restored for Summerchase Apartments. Motion passed unanimously. Councilmember Carmody and Mayor Kragness commended Mr. Clelland and the management at Summerchase for all the work and effort to resolve the issues at Summerchase. 9. PRESENTATIONS 9a. BOB THISTLE, SPRINGSTED, INC. Bob Thistle, Executive Vice President, addressed the Council to discuss that they have canceled the refinancing of the 1995A and 1997B Bonds due to the stock market starting to come back and the interest rate increases. They had hoped to save the City money with refinancing these bonds but at this time there would not be a benefit for the bonds to be refinanced. He discussed that the bonds are callable in 2005 and that at that time the City Council can reconsider refinancing these bonds. He informed that there had been no costs incurred with this process. Mayor Kragness expressed thanks for Mr. Thistle for his work on this process. 08/25/03 -5- 10. PUBLIC HEARINGS 10a. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH Mr. McCauley discussed that the Engineering Department recommends approval of this ordinance; however, it is suggested that this ordinance be tabled to the September 8, 2003, meeting so that the vacation can be approved with the final plat. A motion by Councilmember Lasman, seconded by Councilmember Carmody to Re -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. A motion by Councilmember Lasman, seconded by Councilmember Carmody to table this ordinance to the September 8, 2003, meeting. Motion passed unanimously. 10b. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that the City Council along with the Housing Commission had worked on this ordinance amendment over the last year and that the ordinance is offered this evening for second reading and public hearing. 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. Mr. McCauley informed that the City Attorney had suggested additional language be added in Section 12 -913 (a), to read: all of which are hereby declared to constitute a nuisance or other disorderly conduct. City Attorney Charlie LeFevere discussed that the additional language would clarify the police and fire calls that would be counted. Councilmember Niesen asked what fire calls will be counted and about the lawsuit that the City of Brooklyn Park is facing. Mr. McCauley informed that the tampering with and issuing false fire alarms would be counted. Mr. LeFevere discussed that the League of Minnesota Cities is covering the cost for the Brooklyn Park lawsuit. 08/25/03 -6- Mr. LeFevere informed that the City of New Brighton has had their rental ordinance in effect for approximately two years. New Brighton has not been challenged; however, has had two provisional licenses. ORDINANCE NO. 2003-10 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 11. PLANNING COMMISSION ITEMS 11a. PLANNING COMMISSION APPLICATION NO. 2003-012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR TWO PARCELS OF LAND AT THE SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003,MEETING. 1. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH) Mr. McCauley discussed and presented a PowerPoint presentation on the proposed development and the screening along Shingle Creek Parkway. Planning and Zoning Specialist Ron Warren discussed the technical parts of the application and informed the Council that the resolution had been amended to clarify the setback. The Planning Commission recommended approval of this application at its August 14, 2003, meeting. Councilmember Carmody inquired about the grading and trees. Dave Hoeschen, Director of Real Estate for Holiday Stationstores, addressed the Council to discuss that they have a grading plan and that there will be trees lost in the area where the pond will be located. 08/25/03 -7- Councilmember Lasman discussed that this site has had difficulties and that given the project looks beneficial and would create a tax base she would support a motion. Councilmember Carmody said that she would second that motion; however, she had some questions about the traffic in that area. Mr. Warren informed that, as part of the proposal a turn lane would be installed off of 69 Avenue for westbound traffic, and that there is a walkway in the area. Motion passed unanimously. RESOLUTION NO. 2003 -124 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES The motion for the adoption of the foregoing resolution 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 22, 2003. Motion passed unanimously. 11b. PLANNING COMMISSION APPLICATION NO. 2003-013 SUBMITTED BY BERNARD AND KATHLEEN SWANSON. REQUEST TO UNCOMBINE, OR RESUBDIVIDE, TWO PLATTED LOTS THAT HAD PREVIOUSLY BEEN COMBINED FOR TAX PURPOSES AT 6213 UNITY AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003 -013 would be to uncombine or resubdivide two platted lots that had previously been combined for tax purposes at 6213 Unity Avenue. The Planning Commission recommended approval of Planning Commission Application No. 2003 -013 subject to the following onditions at its August 14, 2003, meeting: Pp subject g 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 08/25/03 -8- Councilmember Carmody questioned the third lot in the area. Mr. Warren informed that the City owned the third lot. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003 -013 subject to the above conditions. Motion passed unanimously. 11c. PLANNING COMMISSION APPLICATION NO. 2003-014 SUBMITTED BY EASTBROOK PROPERTIES, LLC (DAVID EVANSON). REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LOT AT 711 69T AVENUE NORTH INTO SIX SINGLE FAMILY LOTS, AN OUTLOT AND STREET RIGHT -OF- WAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed Planning Commission Application No. 2003 -014 requesting for a preliminary plat approval to subdivide the lot at 711 69 Avenue North into six single- family lots and presented a PowerPoint presentation on the layout of the six lots. He informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -014 subject to the following conditions at its August 14, 2003, meeting: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Councilmember Carmody asked about the type of housing and cost. Dave Evanson, Eastbrook Properties, addressed the Council to discuss that the homes would be single - family detached homes and that he anticipates the cost to be mid $200,000. A motion by Councilmember Lasman to approve Planning Commission Application No. 2003 -014 subject to the above conditions. 08/25/03 -9- Councilmember Carmody questioned the single home in the area that Mr. Evanson is trying to acquire. Mr. Evanson provided some background regarding this issue and informed that he would continue to work that property owner. Councilmember Niesen asked about the area and the road proposed. Mr. Evanson provided a brief history and discussed the parcels that he currently owns. He informed that he would be creating a subdivision consistent with the housing around the area. Councilmember Carmody seconded the motion to approve Planning Commission Application No. 2003 -014 subject to the above conditions. Motion passed unanimously. 11d. PLANNING COMMISSION APPLICATION NO. 2003-015 SUBMITTED BY PETER B. MYERS. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE TWO PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF 69 AVENUE NORTH, WESTERLY OF HUMBOLDT AVENUE, TO CREATE A NEWLY CONFIGURED LOT FOR THE EARLE BROWN FARM APARTMENTS (1701 69 AVENUE NORTH) AND 21 TOWNHOME LOTS AND AN OUTLOT FOR A PROPOSED TOWNHOME DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003 -015 requesting for preliminary plat approval to divide and combine two parcels of land located on the south side of 69`" Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments, 21 townhome lots, and an outlot for a proposed townhome development was recommended for approval by the Planning Commission subject to the following conditions at its August 14, 2003, meeting: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An ordinance vacating 5 ft. wide drainage and utility easements on either side of the existing lot lines separating Lot 1, Block 1, and Lot 2, Block 1, Tanami Addition, shall be approved by the City Council prior to final plat approval. 4. A Declaration of Covenants and Restrictions along with homeowners association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. A site analysis verifying parking requirements for the Earle Brown Farm Apartments shall be submitted prior to final plat approval. 08/25/03 -10- 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2003 -016 shall not be issued until the final plat comprehended under this application has been approved by the City Council and filed with Hennepin County. Councilmember Carmody questioned how much the townhomes would be selling for and expressed concern about these townhomes becoming rental property. Mr. Warren informed that he was not aware of the selling price and that he believes that the townhomes would be sold individually. Mr. McCauley discussed that the zoning requirements have been met for this proposal and that the City cannot control rental of townhomes where the zoning requirements are met. Councilmember Carmody expressed that she would have liked to have the applicant present at the meeting to answer questions. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Planning Commission Application No. 2003 -015 subject to the above conditions. Motion passed unanimously. 11e. PLANNING COMMISSION APPLICATION NO. 2003-016 SUBMITTED BY PETER B. MYERS. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 21 UNIT TOWNHOME COMPLEX WITH A COMMON I AREA ON A 2.33 ACRE SITE PROPOSED FOR CREATION UNDER PLANNING COMMISSION APPLICATION NO. 2003-015. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003 -016 is a continuation of Planning Commission Application No. 2003 -015 and that the Planning Commission recommended approval of Planning Commission Application No. 2003 -016 subject to the following conditions at its August 14, 2003, meeting: 1. The building plans are subject to review and approval of 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 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 release of the performance guarantee. 08/25/03 -11- 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 8. All driveways in this complex shall be either blacktop or concrete in accordance with the requirements of the City's Zoning Ordinance. 9. B -612 curb and gutter shall be provided around all driving and parking areas except where the City Engineer may approve surmountable curb immediately in front of the townhome units. 10. The building elevations shall reflect the exterior materials to be used in this development. 11. The homeowner's association documents proposed for this townhome complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 12. Building permits for construction of townhomes will not be issued until the plat comprehended under Planning Commission Application No. 2003 -015 has been given final approval by the City Council and filed with Hennepin County. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003 -016 subject to the above conditions. Motion passed unanimously. 12. COUNCIL CONSIDERATION ITEMS 12a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF TARGET STORES IN SUPPORT OF AFTER SCHOOL ART PROGRAMS Mayor Kragness read the resolution expressing appreciation for the gift of $1,500 from Target Stores in support of After School Art Programs. 08/25/03 -12- RESOLUTION NO. 2003 -125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF TARGET STORES IN SUPPORT OF AFTER SCHOOL ART PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12b. RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 29 THROUGH OCTOBER 4, 2003 Mayor Kragness read the resolution Promoting Racial Equality Week September 29 through October 4, 2003. RESOLUTION NO. 2003 -126 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 29 THROUGH OCTOBER 4, 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12c. RESOLUTION ESTABLISHING THE STREET CONSTRUCTION FUND Mr. McCauley discussed that this resolution would establish a Street Construction Fund to better track monies that are available for street construction. Monies will be deposited in anticipation of transfer to the Infrastructure Replacement Fund as funds needed for specific street projects. He informed that the City's Auditor had been advised of this process and that the City's Auditor would concur with this proposal as providing better project management accounting. RESOLUTION NO. 2003 -127 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE STREET CONSTRUCTION FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 08/25/03 -13- 12d. SELECTION OF FIRM TO PROVIDE CIVIL LEGAL SERVICES Mr. McCauley discussed the previously used selection process for the legal services and indicated based on his review he would recommend that the Council consider renewing legal services with Kennedy and Graven. Councilmember Lasman informed that the Council was provided a copy of all the proposals submitted and that all Council Members were able to see cross - sections with the proposals. A motion by Councilmember Carmody, seconded by Councilmember Lasman to retain Kennedy and Graven for the City's legal services. Motion passed unanimously. 12e. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS GROUP HEALTH PLAN INC. PROJECT Mr. McCauley discussed that Group Health Inc., a Minnesota Nonprofit Corporation and a subsidiary of Health Partners, Inc., had proposed that the Minneapolis Community Development Agency and the Housing and Redevelopment Authority of the City of St. Paul jointly issue revenue bonds to finance a project. A portion of the project is in Brooklyn Center and a public hearing is required under Section 147(f) of the Internal Revenue Code. RESOLUTION NO. 2003 -128 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS GROUP HEALTH PLAN INC. PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12f. REQUEST TO CHARTER COMMISSION TO REVIEW PROPOSED CHARTER AMENDMENT FOR ADMINISTRATIVE FINES Mr. McCauley discussed as part of the budget process staff had been obtaining examples of what other cities have done or are doing with the use of administrative fines in lieu of issuing uniform traffic citations or other citations that are returnable /payable through the Court System. The City Attorney had submitted an opinion and recommends consideration of a Charter amendment to insure that there is no question on the legal authority to issue administrative fines. Councilmember Carmody questioned since the Legislature may still have a say in this matter what would happen if they approve something. Mr. McCauley discussed that if the Legislature were to adopt something the City would not be able to continue with this process. 08/25/03 -14- A motion by Councilmember Lasman, seconded by Councilmember Carmody to instruct the City Charter to review this issue and report back to the Council. Motion passed unanimously. 12g. 2003 CITY COUNCIL MEETING SCHEDULE AMENDMENTS Mr. McCauley suggested that the 2003 City Council meeting schedule be amended to add a Work Session on October 13, 2003, immediately following the Regular City Co uncil meeting: g amending the 6:00 p.m. start for the October 20, 2003, work session to 6:30 p.m.; and amending the meeting locations for the Study Sessions and Informal Open Forums to the Council Chambers. A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the 2003 City Council meeting scheduled as suggested. Motion passed unanimously. 12h. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness requested ratification of Jean Schuster, 1327 67` Avenue North, to the Housing Commission with the term expiring December 31, 2003. A motion by Councilmember Niesen, seconded by Councilmember Carmody to ratify the Mayoral nomination of Jean Schuster. Motion passed unanimously. 12i. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES Mr. McCauley discussed that this resolution would amend the City's rental dwelling license fees to include a separate fee for a provisional license pursuant to the provisional license category created in the recently approved ordinance. These fees would be consistent with the cities of Brooklyn Park and New Brighton. RESOLUTION NO. 2003 -129 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12j. HEARING OF APPEAL FOR 5240 DREW AVENUE NORTH James DeBellis addressed the Council to discuss his appeal on the property at 5240 Drew Avenue North and that he believes it is inappropriate for City inspectors to issue City compliance orders during a Section 8 inspection. 08/25/03 -15- I I I He outlined the City's ordinance section that is written that City inspections need to be scheduled and expressed that he did not believe it was fair for the City's inspector to issue compliance orders during a Section 8 inspection. The Council discussed the appeal with Mr. DeBellis. A motion by Councilmember Lasman, seconded by Councilmember Carmody to direct staff to prepare findings of fact and a proposed order denying Mr. DeBellis' appeal at the September 8, 2003, meeting. Councilmember Niesen expressed that she believes complaints like this need to be considered seriously and if someone comes forward stating that an employees power has been abused this is something that should be addressed. She asked that if anyone has felt like they have been treated unfairly to contact the City. Councilmember Carmody stated that at a recent Association for Rental Management (ARM) meeting, the City inspectors had stated their past, present, and future willingness to work with apartment owners and the apartment owners and managers at the meeting had agreed. Motion passed unanimously. 13. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:59 p.m. Motion passed unanimously. City Clerk Mayor 08/25/03 -16-