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HomeMy WebLinkAbout2003 09-08 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 8, 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 Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody 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 Peppe to adjourn the Informal Open Forum at 6:50 p.m. 2. INVOCATION A moment of silence was offered. 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 7:05 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 09/08/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Northwest Regional Human Rights Coalition meeting on September 2, 2003; and that the City of Brooklyn Center is seeking Random Acts of Kindness. If anyone would like to submit a Random Acts of Kindness nomination, nominations will be accepted until October 1, 2003. The nominees will be recognized at a City Council meeting in October 2003. Councilmember Niesen reported that she had contacted the Minnesota Department of Transportation (Mn/DOT) regarding the barriers and configuration along Highway 100 in Brooklyn Center. A representative from Mn/DOT informed that the configuration needed to be that way and that Highway 100 will be straightened out in mid - October. She asked that people drive slowly when driving north on Highway 100. Mayor Kragness reported that she attended a National Mn/DOT Conference event and that the Highway 100 project received a granite 2003 Lilac Way Legacy Award. She was pleased to be representing Brooklyn Center. Mayor Kragness reminded citizens about the ceremony honoring heroes that will be held on September 11, 2003, 7:00 p.m. at the Cross of Glory Lutheran Church. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda with the addition of 8b, Presentation from Dave Looby, North Hennepin Area Chamber of Commerce President. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion b Councilmember Lasman seconded b Councilmember Peppe to approve the August 18 Y Y pp pP g 2003, special session and joint work session with the Financial Commission; and the August 25, 2003, study and regular sessions meeting minutes. Councilmember Peppe abstained from the vote of the August 25 2003 • stud and regular session minutes. Motion asked. g Y g p 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 09/08/03 -2- RENTAL Renewal: 819 -21 55 Avenue North - Turning Point Inc 4819 Azelia Avenue North - Penelope Brown 4201 Lakeside Avenue North, 201 - Jack Hansen Initial: 6724 France Avenue North - Chris Prescott 7113 Fremont Avenue North - Brent and Sonja Hegle 5312 Howe Lane North - Shong Lee 5532 Knox Avenue North - William Plummer 7067 Perry Avenue North - Samuel Nwanekpe 5209 and 5211 Xerxes Avenue North - Mei Hua SIGNHANGER Schad Tracy Signs P. O. Box 357, Oronoco 7c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-130 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 Peppe. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND A JOINT POWERS AGREEMENT WITH MN/DOT FOR A TRAFFIC STUDY OF BROOKLYN BOULEVARD NEAR T.H. 100 RESOLUTION NO. 2003-131 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND A JOINT POWERS AGREEMENT WITH MN/DOT FOR A TRAFFIC STUDY OF BROOKLYN BOULEVARD NEAR T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 09/08/03 -3- 7e. RESOLUTION AUTHORIZING THE RIGHT OF ENTRY FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 RESOLUTION NO. 2003-132 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RIGHT OF ENTRY FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PRESENTATION 8a. PAT MILTON, BROOKLYN PEACEMAKER'S EXECUTIVE DIRECTOR Pat Milton, Brooklyn Peacemaker's Executive Director, addressed the Council to outline the materials included with the agenda. She informed the Council that the application for a Title grant is in the process of being written and that if the grant money is received, the money will allow for more in -house after care. Mayor Kragness questioned if volunteers are needed. Ms. Milton informed that volunteers are always needed and that the requirements would be 18 years or older and someone who cares about kids. Ms. Milton discussed the annual fundraiser that Brooklyn Peacemaker holds will be at the Heart Alive Entertainment Center this year on October 10, 2003. Anyone person interested in getting tickets may contact their office, website, or e -mail. 8b. DAVE LOOBY, NORTH HENNEPIN AREA CHAMBER OF COMMERCE PRESIDENT Dave Looby, North Hennepin Area Chamber of Commerce President, addressed the Council to inform that they have created a new map similar to last year. The one thing that was different to the map this year was that the restaurant and retail areas were included. The maps are available at no charge and can be picked up at City Hall. 09/08/03 -4- 9. PUBLIC HEARINGS 9a. PUBLIC HEARING REGARDING 2003 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 City Manager Michael McCauley discussed that this public hearing would be on the semi - annual delinquent public utility service accounts. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -133 Councilmember Peppe 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. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING SEPTEMBER 14 THROUGH 20, 2003, TO BE FISCAL AND SUPPORT SERVICES WEEK Mayor Kragness read the Proclamation Declaring September 14 Through 20, 2003, to be Fiscal and Support Services Week. A motion by Councilmember Peppe, seconded by Councilmember Niesen to adopt Proclamation Declaring September 14 Through 20, 2003, to be Fiscal and Support Services Week. Motion passed unanimously. 09/08/03 -5- 10b. RESOLUTION AMENDING THE BROOKLYN CENTER CITY COUNCIL MEETING SCHEDULE FOR 2003 Mr. McCauley discussed that this resolution would amend the Brooklyn Center City Council meeting schedule for 2003, adding a work session after each regular session meeting. RESOLUTION NO. 2003-134 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE BROOKLYN CENTER CITY COUNCIL MEETING SCHEDULE FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. loc. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 H AVENUE NORTH Mr. McCauley discussed that this ordinance had been previously tabled to coordinate the adoption of the ordinance with the final plat. The final plat is not ready and it is suggested tabling adoption of this ordinance to September 22, 2003. A motion by Councilmember Lasman, seconded by Councilmember Peppe to table this ordinance to September 22, 2003. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING PARTICIPATION IN THE PUBLIC SAFETY DISPATCHING STUDY Mr. McCauley discussed that this resolution would authorize the participation in the public safety dispatching stud and a agrees to the proportionate share of the stud cost. p g Y g pay p p Y RESOLUTION NO. 2003 -135 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE PUBLIC SAFETY DISPATCHING STUDY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 09/08/03 -6- 10e. CODE ENFORCEMENT UPDATE Mr. McCauley outlined a PowerPoint presentation outlining the update provided by the code enforcement team. Of the 1,082 violations issued, 858 first letters were issued; 237 second letters issued; 763 compliance /thank you letters; and 9 citation/formal complaints issued. Mayor Kragness expressed that she believes it is important for the City to stay on top of repeat violators and suggested education regarding how to help repeat violators. Councilmember Lasman questioned since the code enforcement sweep was coming to an end if the orders would now be complaint driven. Mr. McCauley responded that would be correct. Councilmember Niesen asked how many violations the City is still dealing with. Mr. McCauley informed that he believes the City is still dealing with approximately 90 violations. 10f. 2004 PRELIMINARY BUDGET AND PROPERTY 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 2. RESOLUTION TO ADOPT THE 2004 PRELIMINARY BUDGET 3. RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2004 Mr. McCauley discussed that the Council is required to adopt a preliminary tax levy before September 15, 2003. This preliminary levy establishes the maximum ad valorem real estate taxes that may be levied in 2004. The Council may adopt a final levy in December that is lower than what is adopted, but may not adopt a levy that is higher than what is adopted this evening. He outlined a PowerPoint presentation regarding the major budget influences with the loss of $1.18 Million for 2003 and $1.68 Million in 2004 for State Aid and discussed a proposed franchise fee that would raise roughly $750,000. Donn Escher, Financial Commission Chair, addressed the Council to thank them and staff for all the work that had been done to prepare this trimmed budget. He asked that citizens remember that much of the tax increases are out of the control of the Council and that a very small portion of the taxes are the City's portion. Mayor Kragness expressed thanks to Mr. Escher and the Financial Commission for all the work they had done on this year's budget. 09/08/03 -7- Councilmember Niesen questioned the budget revenue and levy total amounts indicated in the resolutions. Mr. McCauley discussed that the totals will be reconciled as the budget moves forward. She inquired if the increase that homeowners would see on their taxes would be less than $100. Mr. Escher discussed that the homeowner will see less than $100 for the real estate taxes and franchise fees; however, under State Policy, the amounts are increased by market value, which is set by the Legislature and the Governor. Mayor Kragness asked about the commercial /industrial amounts for the franchise fees. Mr. McCauley discussed that they will see some increase and will depend on the value. She inquired about setting a cap. Mr. McCauley discussed that would be something to explore when creating the franchise ordinance. Councilmember Niesen questioned the capacity of bonds when issued. Mr. McCauley discussed that there is a limit for the total market value of a community and the City of Brooklyn Center is well below the limit. Councilmember Lasman asked about the CO -OP Northwest portion that was eliminated in the operations and if there was money retained in the draft budget. Mr. McCauley discussed that there is a placeholder in the City Council budget. Councilmember Niesen questioned the process for the public hearings. Mr. McCauley discussed that the final budget and levy will be adopted at the December 8, 2003, meeting. A Truth in Taxation Hearing will be held on December 1, 2003, to receive comments and answer questions and a continuation hearing would be held on December 8, 2003, before the regular session if the initial Truth and Taxation Hearing on December 1, 2003, was not sufficient to receive all public comments. RESOLUTION NO. 2003 -136 Councilmember Lasman 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -137 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2004 PRELIMINARY BUDGET 09/08/03 -8- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-138 Councilmember Lasman 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 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. log. AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES Mr. McCauley discussed that when Chapter 11 was amended to provide a consistent process for administering liquor licenses, Section 11 -506, subd. 7 should have had language stricken and was inadvertently overlooked in the review process. This ordinance amendment would remove the inconsistent language in Section 11 -506, subd. 7. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on October 13, 2003. Motion passed unanimously. 10h. RESOLUTION MAKING FINDINGS OF FACT, CONCLUSIONS, AND ORDER IN THE APPEAL OF DEBELLIS Mr. McCauley discussed that the Council conducted a hearing at the August 25, 2003, City Council meeting and directed staff to prepare findings of fact regarding the appeal received from James DeBellis. Since that meeting the City Attorney prepared a resolution with findings of fact, conclusions, and order, and it is now up to the Council to make its disposition on the appeal. City Attorney Charlie LeFevere outlined the resolution that he had prepared and discussed the process used for the findings of facts received. He informed the Council that they should be comfortable with the findings of facts before adopting the resolution. Councilmember Peppe informed that he was able to review the videotape from the meeting on August 25, 2003, and that he believes the appeal should be denied. If something violates a City Ordinance it should be noted and an ordinance amendment could be considered to have language included regarding City inspections during Section 8 inspections at a later date; however, the issue now should be considered as unlawful. 09/08/03 -9- Mayor Kragness read comments received from Councilmember Carmody since she was not present Y g Y at the meeting. Mr. DeBellis addressed the Council to express that he believes there were errors in the findings of fact numbers 5 and 6 and inquired how code violations could be written when there is nothing in the City Ordinances. Mayor Kragness discussed that some codes are State Law. Mr. DeBellis informed that the property had an annual inspection done and that since these code violations were not presented at that time, he believes that he has been singled out. Mr. DeBellis continued discussions regarding his concern with the issue of his appeal and the process. Mayor Kragness asked if the code violations have been addressed. Mr. DeBellis responded that most of them have; however, he is still working on the dumpster screening and that extensions could be put on the downspouts. He informed the Council that the hardwire for the smoke alarms had already been done. Mayor Kragness informed Mr. DeBellis that the Council had been working long and hard with rental properties to ensure that residents have a safe place to live and that she cannot fault the City inspectors for doing their job. Councilmember Peppe expressed that he believes that life safety issues should not be dismissed during any inspection and that he would make a motion to adopt the resolution. Councilmember Lasman expressed that she believes the City inspectors were doing their jobs and that the exceptions discussed this evening by Mr. DeBellis did not change that there were violations. If there was an error in the portion of the hardwiring of the fire alarms, an apology should be made for that mistake; however, it not does negate the rest of the violations. Councilmember Niesen expressed that she does not think like the majority of the Council and believes that it is not acceptable just to bypass statements made by Mr. DeBellis. She believes that if a person comes before the Council and points out errors, as in the findings of fact, that the person should be respected and the Council should consider that there might have been a power struggle with an employee. If an employee is overstepping their bounds, the Council has no way of knowing that and she believes it is important for people like Mr. DeBellis to come forward and be respected by the Council. Councilmember Peppe called the vote. Councilmember Niesen expressed that she would not vote on this since she needs to know the legality and does not have enough information. 09/08/03 -10- RESOLUTION NO. 2003-139 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION MAKING FINDINGS OF FACT, CONCLUSIONS, AND ORDER IN THE APPEAL OF DEBELLIS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember Niesen abstained. Motion passed. Mr. DeBellis questioned the timeframe for coming into compliance with his appeal. Mayor Kragness asked that Mr. LeFevere review and that the City inspector reviews the hardwire issue to inquire if there was an error in that violation. 11. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:49 p.m. Motion passed unanimously. CX:1��22�1�1. 41 City Clerk Mayor 0 09/08/03 -11-