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HomeMy WebLinkAbout2001 09-10 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 10, 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 6:45 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 Peppe to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION An invocation was offered before the Economic Development Authority (EDA) meeting. 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 7:06 p.m. 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 McCauley, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 09/10/01 -1- 5. COUNCIL REPORT Councilmember Nelson reported that he attended an Association of Metropolitan Municipalities Transportation Committee meeting on September 5, 2001. Councilmember Lasman reported that she attended a Human Rights Meeting on September 4, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the August 27, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Pearson Mechanical Services 5630 Memorial Avenue North, Stillwater PRIVATE KENNEL LICENSE Jeanne O'Brien 6730 Drew Avenue North RENTAL Renewal: Brookhaven Apartments Douglas Lida 2307 -09 54"' Avenue North Robert Messersmith 3 813 61' Avenue North Shawn Yang 5843 Fremont Avenue North Ronald & Diane Miller 5338 Q ueen Avenue North Robert Messersmith 7218 -24 West River Road Arlene Johnson 6c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST NO. 630 09/10/01 -2- RESOLUTION NO. 2001 -121 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST NO. 630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING TREATEMENT OF PARCELS USED AS SINGLE FAMILY RESIDENTIAL BUT ZONED AS OTHER THAN RI, R2, OR R3 RESOLUTION NO. 2001 -122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING TREATEMENT OF PARCELS USED AS SINGLE FAMILY RESIDENTIAL BUT ZONED AS OTHER THAN Rl, R2, OR R3 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION AUTHORIZING THE PURCHASE OF SOFTBALL FIELD LIGHTS FOR EVERGREEN PARK RESOLUTION NO. 2001-123 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SOFTBALL FIELD LIGHTS FOR EVERGREEN PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 09/10/01 -3- RESOLUTION NO. 2001 -124 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 Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION RESOLUTION NO. 2001-125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7h. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES FOR: -6405 JAMES CIRCLE (DENNY'S RESTAURANT) -6501 HUMBOLDT AVENUE NORTH (DUKE'S MOBIL) A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve site performance guarantee releases for Denny's Restaurant, 6405 James Circle, and Duke's Mobil, 6501 Humboldt Avenue North. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) City Manager Michael McCauley discussed that the plat has not been filed and suggested tabling this item to the September 24, 2001, meeting. A motion by Councilmember Peppe, seconded by Councilmember Ricker to continue the Public Hearing to the September 24, 2001, meeting. Motion passed unanimously. 09/10/01 -4- 7b. PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 - A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 IN ACCORDANCE WITH THE SPECIAL ASSESSMENT POLICY AMENDMENT REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES Public Works Director Diane Spector outlined the project and discussed the proposed assessments for the Garden City North neighborhood street and storm drainage improvements, Improvement Project Nos. 2001 -01 and 02, Contract 2001 -A before opening the public hearing. Mayor Kragness asked if the project would be completed on time. Ms. Spector informed the Council that the original completion date for the project was September 15, 2001, and that there were a few rain days so the completion date was extended to the end of September 2001. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Donn Escher, 3107 65` Avenue North, addressed the Council to share that he believes the assessments are reasonable and to address two appeals. The first appeal was to discuss not using chemicals on residential streets except at intersections. The second appeal was to discuss concern with buses going through the neighborhood. Mr. McCauley informed Mr. Escher that the City's policy is to use the chemicals at the intersections only other than on arterial streets and that the City does not control the bus routes. Louise Wirtz, 6501 Beard Avenue North, addressed the Council questioning the unfinished curbing in front of her property and unfinished sidewalk in front of the apartments across the street. Ms. Spector discussed that the project is not completed and that there has been some delays because of some NSP work. A Brooklyn Center resident who lives on Quarles Road addressed the Council to commend City staff and the contractors working on this project for a job well done. 09/10/01 -5- Sue Schendel, 3200 65 Avenue North, addressed the Council to ask for help with an abandoned well on her property that has been discovered during construction. Ms. Spector informed the Council that the abandoned well is an old irrigation well and that City staff is waiting for finds regarding the well and working on preparing cost estimates at this time. Ms. Schendel asked if a better cover could be provided for the well for she fears the safety for herself and others. Councilmember Peppe requested an update to the Council regarding this issue. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-126 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH 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 Ricker. Motion passed unanimously. RESOLUTION NO. 2001 -127 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 IN ACCORDANCE WITH THE SPECIAL ASSESSMENT POLICY AMENDMENT REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 7c. PUBLIC HEARING REGARDING 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 Mr. McCauley discussed the process that is used to prepare the delinquent public utility service accounts before requesting the public hearing be opened. 09/10/01 -6- A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Frank Lang, Earle Brown Terrace representative, addressed the Council to ask that the City Council dismiss the assessment of approximately $60,000 for the Earle Brown Terrace property. Mr. Lang informed the Council that $60,000 is a large amount that their budget is not capable of paying for an error of this type and asked the Council again to have mercy on this assessment for Earle Brown Terrace. Mayor Kragness asked Mr. Lang if there had been any agreements or adjustments discussed with City staff. Mr. Lang informed the Council that there were no agreements made. Mr. McCauley informed the Council that staff had previously tried to discuss resolution of the issue, but the owner had cancelled subsequent meetings and that the City Council may wish to approve the balance of the resolution and table Mr. Lang's assessment to the October 8, 2001, meeting to allow time for Mr. Lang to contact the Director of Fiscal and Support Services Doug Sell to discuss the issue. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-128 Councilmember Peppe introduced the following resolution and moved its adoption with the amendment to table the Lang - Nelson (Earle Brown Terrace, 6100 Summit Drive) assessment to the October 8, 2001, meeting: 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 Nelson. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR OLIVE GARDEN Mr. McCauley discussed that the Olive Garden in Brooklyn Center had an illegal activity of serving alcoholic beverages to two persons under the age of 21 and that this resolution and consent order imposing civil penalty for Olive Garden be considered and approved as written. RESOLUTION NO. 2001 -129 Councilmember Nelson introduced the following resolution and moved its adoption: 09/10/01 -7- RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR OLIVE GARDEN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. RESOLUTION CALLING FOR HEARING ON THE IMPOSITION OF SANCTIONS AGAINST LIQUOR LICENSEE SPEEDWAY SUPERAMERICA, LLC Mr. McCauley discussed since the agenda had been prepared, Speedway SuperAmerica, LLC had signed a consent order and requested that the resolution calling for a hearing be removed from the agenda. A resolution and consent order imposing civil penalty for Speedway SuperAmerica, LLC had been prepared and submitted to the City Council prior to the meeting for adoption. RESOLUTION NO. 2001 -130 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SPEEDWAY SUPERAMERICA, LLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8c. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ROBBINSDALE AND ANNEXATION TO BROOKLYN CENTER OF CERTAIN PROPERTY NORTH OF TH 100; AND CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 Mr. McCauley discussed that he had not heard whether or not this resolution is acceptable from the City of Robbinsdale and requested that the Council table this resolution to the September 24, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Nelson to table this resolution to the September 24, 2001, meeting. Motion passed unanimously. 8d. AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT � SERVICE DISTRICT 09/ 10 /01 -8- Mr. McCauley discussed that the City Attorney had reviewed the proposed ordinance amendments for Chapters 4 and 16 of the City Ordinances and that since the agenda had been prepared a new version of the ordinance establishing a street lighting service district had been submitted to the City Council for approval of first reading and setting public hearing for October 8, 2001. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of the revised ordinance and set second reading and public hearing for October 8, 2001. Motion passed unanimously. 8e. 2002 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION TO ADOPT THE 2002 PRELIMINARY BUDGET 2. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 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 MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 4. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 Mr. McCauley outlined the proposed preliminary budget and levy numbers and discussed the influences on the General Fund Budget for the year 2002. Mr. McCauley shared that the City Council will not hold a Truth in Taxation Hearing and that updates will be provided at City Council meetings as to the happenings that take place now through December 10, 2001, at which time the adoption of the 2002 budget and levy will be before the City Council for action. RESOLUTION NO. 2001 -131 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2002 PRELIMINARY BUDGET 09/10/01 -9- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-132 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-133 Councilmember Lasman 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 MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-134 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 09/10/01 -10- 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:53 p.m. Motion passed unanimously. j-0m I City Clerk Mayor 09/10/01 -11-