Loading...
HomeMy WebLinkAbout2000 09-11 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 11, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jack Lynch, 5611 James Avenue North, addressed the Council to discuss his concern about the City's enforcement on parking of City streets. He had recently received two parking citations and had been parking on the street all summer and wanted to know why the enforcement is random. Mayor Kragness informed Mr. Lynch that the City's ordinance is effected 12 months of the year. Councilmember Hilstrom requested that the issue be reviewed with the Police Department and that Mr. Lynch be contacted regarding his concern. Bob Hill, 4701 Twin Lake Avenue, addressed the Council regarding the interest of an orphanage in the City of Brooklyn Center and questioned the taxes paid on the property. Mr. McCauley informed Mr. Hill information about the taxes. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded Councilmember Nelson to adjourn informal open forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed at the EDA meeting. 09/11/00 -1- I 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 7:17 p.m. 4, ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Mayor Kragness reported that she had received petitions with over 500 signatures opposing an orphanage being located in the C1 -A zoned office /commercial in the City of Brooklyn Center. Councilmember Nelson reported that he, Mayor Kragness, and the City Manager attended the Highway 100 Council meeting and that the 36th Avenue interchange was discussed. He also had attended a Mn/Dot meeting and reported that Interstates 94 and 694 will have construction starting in 2001 and ending in 2003 on the bridges at Highway 81 and West Broadway. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the minutes from the August 21, 2000, joint work session with Financial Commission, the August 28, 2000, study and regular sessions, the August 28, 2000, executive session, and the September 5, 2000, general work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Assured Heating A/C and Ref Inc. 514 Jefferson Highway, Champlin Owens Companies, Inc. 930 E. 80th Street, Bloomington 09/11/00 -2- PRIVATE KENNEL Barbara and Gregory Ulbrich 6807 Emerson Avenue North RENTAL Renewal: 5746 Irving Avenue North Kathy Becker 5337 70th Circle Gary Bistodeau 4715 France Avenue North Paul Hinck Initial: 6718 Colfax Avenue North Kenneth Fountain 5256 E. Twin Lake Boulevard Scot Frenzel 6c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-147 Councilmember Hilstrom 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 Nelson. Motion passed unanimously. 6d. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-148 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 09/11/00 -3- 6e. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2000 -7, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 2000-149 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2000 -7, CONTRACT 2000 -13, PALMER LAKE CIRCLE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKPARK DENTAL CENTER) City Manager Michael McCauley discussed that this item had been before the Council several times regarding the expansion of the Brookpark Dental Center and that amending this ordinance is consistent with the lan for Brooklyn Boulevard. p Y A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. g p ORDINANCE NO. 2000-09 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKPARK DENTAL CENTER) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 09/11/00 -4- 7b. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS Public Works Director Diane Spector discussed the appeal and objection process for the special assessments before reporting on the project areas and assessments for the public hearings. Ms. Spector reviewed the 2000 assessments which are code and are as follows: Residential $2,180 Street per property $1,593 Street - 66th Avenue (because it had less work done) $ 710 Storm per property $ 0 Storm - 66th Avenue Non - Residential $ .27 per square foot $ .14 per square foot A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Ron Kronen, 2807 65th Avenue North, addressed the Council to ask if the staging area next year would be the same as this year. Ms. Spector advised that we anticipate using a different staging area next year. Mike Batty, 3319 Mumford Road, addressed the Council to ask about trees that were destroyed from the construction. Ms. Spector informed Mr. Batty that if it is proven that the tree died due to construction, the City will remove and replace any trees that were destroyed. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-150 Councilmember Nelson introduced the following resolution and moved its adoption: 09/11/00 -5- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS Ms. Spector outlined the project area indicated that the project may be done on October 12, 2000. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000 -151 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7d. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC NUISANCE ABATEMENT 09/11/00 -6- - RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT OF PUBLIC NUISANCES TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed that these resolutions would certify the special assessments for delinquent public utility service and abatement of public nuisances to the Hennepin County tax rolls. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000 -152 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -153 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT OF PUBLIC NUISANCES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. PROCLAMATION DECLARING OCTOBER 2000 NATIONAL BREAST CANCER AWARENESS MONTH 09/11/00 -7- A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adopt proclamation declaring October 2000 National Breast Cancer Awareness Month. Motion passed unanimously. 8b. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2000, AS CONSTITUTION WEEK A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring the week of September 17 through 23, 2000, as Constitution Week. Motion passed unanimously. 8c. STAFF REPORT RE: DESTINATION PARK PLAN Mr. McCauley discussed that the Destination Park Plan is one of the Council's goals for 2000 and that the purpose of this item on the agenda is to receive public input. The plan must be refined and prioritized to reflect our fiscal capacity. The Parks and Recreation Commission will be working on refining the plan and it will come back for further Council review as part of the CIP. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Mary O'Conner, 5429 Lyndale Avenue North, addressed the Council to ask about the funding for the plan, her concern about the amount of money, and the loss of softball fields. Mr. McCauley responded that the plan could not be implemented as to all of the items because it would be too expensive over the next five years, $400 - $500,000 would be targeted for major improvements from existing resources. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 8d. 2001 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION TO ADOPT THE 2001 PRELIMINARY BUDGET 2. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS 09/11/00 -8- 3. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 4. RESOLUTION SETTING DECEMBER 4, 2000, AS DATE FOR TRUTH IN TAXATION PUBLIC HEARING AND DECEMBER 11, 2000, FOR CONTINUATION HEARING AND BUDGET ADOPTION Mr. McCauley discussed that the State law requires adoption of the preliminary 2001 real estate tax levy and budget and that along with the levy and budget, State law also directs that the Council set the truth in taxation and continuation hearing (if needed) dates. The recommended date for the truth in taxation hearing is Monday, December 4, 2000, at 7:00 p.m., and the continuation hearing (if needed) Monday, December 11, 2000, 6:00 p.m. Mr. McCauley discussed the preliminary levy that would increase real estate taxes levied by the City, Economic Development Authority, and Housing and Redevelopment Authority by a total of 3.95 percent above the gross levy for taxes payable in 2000. The preliminary levy may be reduced, but may not be increased after the adoption this evening. Mr. McCauley discussed that the draft 2001 General Fund budget proposes an overall increase of $444,063 or 3.19 percent and that there is much more work needed on the budget to bring it into balance for the December 4, 2000, truth in taxation meeting. RESOLUTION NO. 2000 -154 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2000-155 Councilmember Nelson introduced the following resolution and moved its adoption: 09/11/00 -9- RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2000 -156 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTI NO. 2000-157 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION SETTING DECEMBER 4, 2000, AS DATE FOR TRUTH IN TAXATION PUBLIC HEARING AND DECEMBER 11, 2000, FOR CONTINUATION HEARING AND BUDGET ADOPTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8e. REPORT ON LOT 1, BLOCK 1, BROOKLYN FARM SUBDIVISION Mr. McCauley reported that Lot 1, Block 1, Brooklyn Farm Subdivision, has recently been a location of interest for a orphanage /charter school. In December of 1985, the City and the HRA entered into a Contract for Private Development of this property as part of the tax increment district plans for development of the Earle Brown Heritage Center and the surrounding area. The contract obligated the developer to build the glass tower located south of Lot 1, Block 1, Brooklyn Farm Subdivision and was called Phase 1 of the development. The developer had obligations relating to Phase II located on Lot 1, Block 1, Brooklyn Farm Subdivision that contemplated an office building of a specific footprint, with the height of the building to be determined in reference to the parcel's physical capacity and the adjacent area's traffic capacity. 09/11/00 -10- The City and the HRA acquired property in the Brooklyn Farm Subdivision and then re- conveyed them to the developer for $1.00. The tax increment district has expended significant resources to generate commercial development to enhance the tax increment district which carries a debt load and to generally enhance the commercial development in the City. Mr. McCauley requested, based on these actions and investment, that the EDA, HRA, and City Council authorize the City Manager to further explore options available in protecting the investment already made and enforcing the obligations imposed on the owner of Lot 1, Block 1, Brooklyn Farm Subdivision pursuant to the contract, and as part of the authorization, approve authorization that the EDA's bond counsel, Briggs and Morgan and the City Manager be authorized to undertake legal enforcement of the contract as may be deemed appropriate. A motion by Commissioner Nelson, seconded by Commissioner Peppe to authorize City Manager to further explore options available in protecting the investment already made and enforcing the obligations imposed on the owner of Lot 1, Block 1, Brooklyn Farm Subdivision pursuant to the contract, and as part of the authorization, approve authorization that the EDA's bond counsel, Briggs and Morgan and the City Manager be authorized to undertake legal enforcement of the contract as may be deemed appropriate. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:54 p.m. Motion passed unanimously. City Clerk Mayor D 09/11/00 -11-