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HomeMy WebLinkAbout2001 05-14 CCM Regular Session 1 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 MAY 14, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. 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. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. OPENING CEREMONIES 2a. INVOCATION A moment of silence was observed. 2b. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a ceremonial Oath of Office to Councilmember Ricker. 3. CALL TO ORDER REGULAR BUSINESS MEETING 05/14/01 -1- The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. i 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. 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. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the following events in April and May. April 24, 2001, Earle Brown Days Board of Directors, April 25, 2001, Northwest Hennepin meeting and Metro Sports Commission meeting, April, 26, 2001, Metro Sports Commission meeting and a Smart Growth session, May 3, 2001, 23r Annual Prayer Breakfast, May 8, 2001, Groundbreaking for new resource center and a DARE Graduation, May 9, 2001, a DARE Graduation, and on May 10, 2001, an ARM meeting. Councilmember Lasman reported that on April 24, 2001, she attended a program on violence prevention. Councilmember Ricker reported that he attended the ARM meeting on May 10, 2001, and that on June 14, 2001, there will be a bus tour of the local apartments in the City of Brooklyn Center. Mayor Kragness reported that there would be an Open House at the Public Works Garage on May 24, 2001, from 4:00 p.m. to 7:00 p.m. and that there are openings on the Housing and Park and Recreation Commissions. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Y Councilmember Lasman, seconded b Councilmember Peppe to approve the minutes from the April 18, 2001, special session, the April 23, 2001, study and regular sessions, the May 2, 2001, special session, and the May 7, 2001, board of equalization. Motion passed unanimously. 6b. LICENSES 05/14/01 -2- I A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Masters Inc. 14690 Galaxie Ave. #104, Apple Valley Associated Mechanical Contractors 1257 Marshall Road, Shakopee Countryside Heating and Cooling 6511 Highway 12, Maple Plain Delmar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park Dependable Indoor Air 2619 Coon Rapids Boulevard, Coon Rapids Northland Mech Contractors 2900 Nevada Avenue North, New Hope NSI Mechanical Contracting 2300 Territorial Road, St. Paul United Heating and A/C 1295 Hackamore Road, Medina MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Boulevard Brookdale Dodge, Inc. 6800 Brooklyn Boulevard Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Boulevard RENTAL Renewal: Humboldt Square Apartments Tim and Mary Jo Keenan Summerchase Apartments B.C. Leased Housing Association 5001 Ewing Avenue North Bartholomew Dabrowski 4210 Lakebreeze Avenue North James & Bobbie Simons 2812 O Henry Road Teresa Williams 6221 Shingle Creek Parkway Cyril Sheehy Initial: 6507 Ewing Avenue North Judith Farrier SIGN HANGER Scenic Sign Company 828 So 5 Street, Sauk Rapids Universal Sign Company 1033 Thomas Ave, St. Paul 6c. APPROVAL OF NEW ON -SALE INTOXICATING CLASS B LIQUOR LICENSE FOR BROOKLYN PROPERTY LLC DBA HOLIDAY INN NORTH 05/14/01 -3- A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve new on -sale intoxicating liquor license for Brooklyn Property LLC dba Holiday Inn North. Motion passed unanimously. 7. APPEARANCES -TRUNG NGUYEN, DARE GRADUATE AND DARE OFFICERS MESSENBRINK AND COLEMAN Officers Gary Coleman and Clark Messenbrink addressed the Council to share their responsibilities with the DARE Program and to introduce Trung Nguyen. Trung Nguyen addressed the Council to read his essay. Mayor Kragness commended and the Council applauded Mr. Nguyen on his essay. 8. RECOGNITION OF BROOKLYN CENTER POLICE EXPLORER POST 888 - RESOLUTION CONGRATULATING BROOKLYN CENTER POLICE EXPLORER POST 888 Mayor Kragness read the resolution congratulating Brooklyn Center Police Explorer Post 888. Detective Peggy Broberg- Jackson addressed the Council to share that the Explorer Post 888 meets once a week and learns the responsibilities of the Brooklyn Center Police Officers. RESOLUTION NO. 2001-62 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CONGRATULATING BROOKLYN CENTER POLICE EXPLORER POST 888 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PUBLIC HEARINGS 9a. ANIMAL REGULATIONS 1. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES 2. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING LIMITATIONS ON KEEPING OF ANIMALS 05/14/01 -4- City Manager Michael McCauley discussed that the City Council had directed staff to have ordinance amendments prepared by the City Attorney to eliminate dog licenses in the City of Brooklyn Center (Chapter 1) and to draft language regarding live wild animals to ensure that the City can prohibit the wild animals (Chapter 19). The first reading for these ordinances was approved on April 9, 2001, and is offered this evening for second reading and public hearing. A motion by Councilmember Peppe, 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 Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -07 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. ORDINANCE NO. 2001-08 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING LIMITATIONS ON KEEPING OF ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (RIVERWOOD ESTATES) Mr. McCauley discussed this ordinance amendment regarding the zoning classification of certain 05/14/01 -5- land (Riverwood Estates) which would change the zoning designation listed in the Zoning Ordinance from C- 1(Service /Officer) to PUD/R -3 (Planned Unit Development/Multiple Family Residence) is in the process of being final platted and it is recommended that the City Council open the public hearing, take public input, and table the ordinance amendment until such time as the final plat is filed with Hennepin County and the legal description established. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Nelson, seconded by Councilmember Lasman to table the ordinance amendment until such time as the final plat is filed with Hennepin County and the legal description established. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING MAY 20-26,2001, PUBLIC WORKS WEEK IN BROOKLYN CENTER Public Works Director Diane Spector discussed that during Public Works Week May 20 through 26, 2001, there will be an Open House with many exhibits and events at the Central Garage, 6844 Shingle Creek Parkway, from 4:00 p.m. to 7:00 p.m. The last time an Open House was held five years ago with approximately 1,000 visitors. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring May 20-26,2001, Public Works Week in Brooklyn Center. Motion passed unanimously. 10b. PROCLAMATION DECLARING MAY 13 THROUGH 19, 2001, AS POLICE WEEK Councilmember Lasman read the proclamation declaring May 13 through 19, 2001, as Police Week. A motion by Councilmember Peppe, seconded by Councilmember Nelson to adopt proclamation declaring May 13 through 19, 2001, as Police Week. Motion passed unanimously. loc. PROCLAMATION DECLARING AUGUST 5, 2001, AS NATIONAL KIDSDAY Mayor Kragness read the proclamation declaring August 5, 2001, as National KidsDay. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation 05 /14/01 -6- declaring August 5, 2001, as National KidsDay. Motion passed unanimously. 10d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR IMPROVEMENTS TO WILLOW LANE Mr. McCauley discussed that the Council received a petition at its April 9, 2001, meeting from property owners along Willow Lane between I -694 and the dead end north of W Avenue. On April 26, 2001, the Council declared the petition adequate and ordered staff to prepare a feasibility report. A feasibility report had been prepared and it is recommended that the improvements to the section of Willow Lane, between the 1 -694 and the dead end north of 66`'' Avenue, are not feasible or cost effective to complete in 2001. The improvements will be considered in the Capital Improvement Program between 2003 and 2005 for further Council consideration. Pat and Ron Schmidt, 6518 Willow Lane, addressed the Council to discuss the petition and their concerns with the feasibility report. Ms. Schmidt informed the Council that they had canvassed the neighbors and apologized for not being present when the petition was submitted to the Council and for the incorrect request of having the improvements finished in 2001. Council discussed the possibility of having the developer earmark money for the project and future projects in the City, and what the cost would be to the residents for these improvements. Mr. Schmidt requested that he would like to stay within a 60/40 percent and have the improvements done in 2002 -2005. He asked when they should approach the issue again. Mayor Kragness informed Mr. Schmidt that the Council would consider the area when they are reviewing the Capital Improvements Program for 2002 -2005. RESOLUTION NO. 2001-63 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR IMPROVEMENTS TO WILLOW LANE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2001 RESOLUTION NO. 2001 -64 Councilmember Peppe introduced the following resolution and moved its adoption: 05/14/01 -7- RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10L RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER II PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS Mr. McCauley discussed this resolution and the resolution in agenda item l Og relate to Brookdale Corporate Centers II and III. Last year the corporate centers had transferred ownerships and these resolutions would authorize the current owners the issuance of variable rate demand revenue refunding bonds that would reduce the cost to a lower interest rate to facilitate the reinvestment being made by the new owners in the office buildings. RESOLUTION NO. 2001-65 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER II PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 05/14/01 -8- log. RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER III PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS Stu Stender, President of BCC Associates, addressed the Council to discuss the progress of the two corporate centers. Mr. Stender outlined the negative impact that the orphanage proposal had made on the market and occupancy causing drops in both. RESOLUTION NO. 2001-66 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER III PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10h. DISCUSSION OF RENTAL LICENSE FEES Mr. McCauley discussed staff had prepared a summary of rental license fees from surrounding municipalities and requested direction from the Council on whether or not to have the rental license fees increased. The rental license fees have not been increased since 1997 and as indicated in the materials, Brooklyn Center has substantially low rental fees. Council discussed and was in consensus to have materials provided to them regarding the cost breakdown for regulating rental units, how much the increase was in 1997, what other municipalities 05/14/01 -9- have done in the past with increases and how often they increase their fees. These materials will be brought back to the Council in two to four weeks. 10i. DISCUSSION OF MASSAGE ORDINANCE Mr. McCauley discussed that the City Attorney had prepared an ordinance amendment regarding the recent request from a resident to provide massage out of a tanning salon and that if the Council was favorable of this ordinance amendment it would be suggested to direct staff to set first reading for the next Council meeting. This ordinance amendment would add definitions for bona fide health clubs, qualifications, and recognized schooling, and would exempt from licensure for barbershops, hair or beauty salons, or for bona fide health clubs and provides guidelines for massage in public places. It was the consensus of the Council to set first reading for May 29, 2001. 10j. RESOLUTION AMENDING CERTAIN SPECIAL REVENUE FUND 2000 BUDGETS Mr. McCauley discussed this resolution is a housekeeping item that would amend certain special revenue fund budgets for 2000. RESOLUTION NO. 2001-67 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING CERTAIN SPECIAL REVENUE FUND 2000 BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10k. STATUS REPORT RE: NEW CENTERBROOK STORAGE BUILDING Mr. McCauley discussed the Council previously received reports regarding the new storage building at Centerbrook Golf Course. The report that was provided in the materials was for reporting purposes and there is no action requested unless the Council had a request. Council discussed the report and the removal of both tennis courts. Public Works Director Diane Spector discussed the types of repair for the tennis courts and informed the Council that the Park and Recreation Commission did recommend approval of removing both tennis courts. 05/14/01 -10- 101. RESOLUTION IN SUPPORT OF AFTER SCHOOL ENRICHMENT GRANT FUNDING Mr. McCauley discussed this resolution would support funding for the valuable After School Enrichment Grant Program which is in jeopardy at this time. RESOLUTION NO. 2001-68 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF AFTER SCHOOL ENRICHMENT GRANT FUNDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:16 p.m. Motion passed unanimously. City Clerk 0 Mayor 05/14/01 -11-