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HomeMy WebLinkAbout2001 10-08 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 OCTOBER 8, 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, Fiscal and Support Services Director Doug Sell, 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 Peppe, seconded by Councilmember Lasman to adjourn informal open forum at 6:59 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 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, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 10/08/01 -1- 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Earle Brown Board of Directors meeting on September 25, 2001, and informed the Council that the Board of Directors will be discussing the celebration of the City's 91' Birthday in the near future. Councilmember Nelson discussed an issue regarding mailings that are received in the City of Brooklyn Center and suggested that staff research new software. Mayor Kragness informed the Council that the Historical Society would hold a meeting from 2:00 p.m. to 4:30 p.m. on October 21, 2001, at the Brooklyn Park Community Center. 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 Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the September 24, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth Ray Welter Heating Company 4637 Chicago Avenue South, Minneapolis Swenson Heating and A/C 6700 West Broadway, Brooklyn Park Taxon - Blackhawk, Inc. 1123 4 Avenue, Rockford, IL RENTAL Renewal: 4450 58 Avenue North Michael Lupient 6331, 6401, 6425 Beard Avenue North Phillip Clover 6101 Beard Avenue North Ken Phelan 5105 Brooklyn Boulevard George Lucht 6c. APPROVAL OF APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL ON NOVEMBER 15, 2001 10/08/01 -2- A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application to conduct excluded bingo at Orchard Lane Elementary School on November 15, 2001. Motion passed unanimously. 6d. APPROVAL OF APPLICATION TO CONDUCT EXCLUDED RAFFLE AT ORCHARD LANE ELEMENTARY SCHOOL ON APRIL 5, 2002 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application to conduct excluded raffle at Orchard Lane Elementary School on April 5,_2002. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001 -141 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. 6f. RESOLUTION APPROVING FINAL PLAT, RONSAM ADDITION RESOLUTION NO. 2001-142 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RONSAM ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. APPEARANCE BY METROPOLITAN COUNCIL MEMBER TODD PAULSON Metropolitan Council Member Todd Paulson appeared before the Council to discuss and invite the Council to an information bus tour of regionally significant development projects in Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale on October 12, 2001, departing from the Brookdale Bus Hub at 11:00 a.m. 10/08/01 -3- Mr. Paulson presented to the Council a guidebook on Smart Growth titled Planning More Livable Communities with Transit - Oriented Development and a plaque of appreciation for Charter Partner in Livable Communities Program 1996 -2000. 8. PUBLIC HEARINGS 8a. 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 had been filed and requested that the Public Hearing be continued. A motion by Councilmember Lasman, seconded by Councilmember Nelson to continue the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-16 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. CONTINUED PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS (This continuation is for the assessment of Lang - Nelson, 6100 Summit Drive, which was removed from the resolution that was adopted on September 10, 2001.) Mr. McCauley discussed that the Council tabled the assessment for 6100 Summit Drive (Earle Brown Terrace) from the September 10, 2001, Public Hearing and that the Council had requested that Frank Lang, Earle Brown Terrace representative, contact the City's Fiscal and Support Services Director Doug Sell to reach an agreement on this billing error. 10/08/01 -4- Mr. Sell informed the Council that he had received an offer from Mr. Lang of paying $500 per quarter for 20 quarters for a total of $10,000 over five years and that he counter offered either certifying the $60,000 over three, four, or five years, or a cash payment of $45,000. As of October 1, 2001, no response had been received from Mr. Lang. A motion by Councilmember Nelson, seconded by Councilmember Lasman to continue the Public Hearing. Motion passed unanimously. Mr. Lang addressed the Council to discuss that he believes a payment of $10,000 is an adequate amount for this billing error and that he is financially struggling as it is without having to pay the $10,000. Mr. Lang stated that he did not want to pass any of this on to the residents of Earle Brown Terrace and discussed the upcoming property taxes. Mr. Lang questioned why the prior owner is not involved in this billing error and requested that they be considered to pay a portion of the billing error. Council and Mr. McCauley discussed with Mr. Lang taxes and property market values. Councilmembers Nelson and Peppe questioned Mr. Lang as to why he did not notice this type of billing was missing on the Earle Brown Terrace property since he had other properties in Brooklyn Center. Mr. Lang responded that the property at 6100 Summit Drive is a high -rise community and is calculated differently. Mayor Kragness informed Mr. Lang that the Council had discussed this issue at its Study Session and was not comfortable with the offer of $10,000. Councilmember Lasman questioned Mr. Lang what he thought would be a fair thing to do and if he believes $37,500 would be a fair amount. Mr. Lang responded that he has no cash reserve and that he would have to pay the amount over time and right now time is a big factor. He indicated that he did not want to negotiate the mathematics this fast and that he would need sometime to explore the offer. Mr. McCauley informed the Council that this item could be tabled to the October 22, 2001, meeting to allow further discussions of the amount to be paid and how long to be provided for payment. Councilmember Ricker questioned the amounts discussed and wanted to make sure that it was the understanding that there were no offers made tonight, just suggestions as how to handle this issue. Councilmember Peppe discussed that he believes Mr. Lang does not want to pass any costs to the residents of Earle Brown Terrace and wanted to make sure that the residents of Earle Brown Terrace realized that the Council feels the same and does not want any costs to be added to their rent. Jim Campbell, 6100 Summit Drive, addressed the Council to express his frustration with the billing error. Councilmember Peppe again discussed that it is not the intent to incur any costs to the residents. 10/08/01 -5- Wall K Wally ammeter, 6100 Summit Drive, addressed the Council to discuss that he realizes the issue before the Council and Mr. Lang and that he appreciates the offer being considered this evening. • motion by Councilmember Lasman to close the Public Hearing. Motion withdrawn. • motion by Councilmember Nelson, seconded by Councilmember Peppe to continue the Public Hearing to the October 22, 2001, meeting. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT Mr. McCauley discussed that this ordinance amending Chapters 4 and 16 would establish a street lighting district and authorize the imposition of charges for the use and availability of the system. 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 Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-17 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION ADOPTING GOALS FOR 2002 Mr. McCauley discussed that the Council at its August 11, 2001, workshop had prepared goals for 2002, not in any order of priority, with the exception this year Goal 1 which the Council saw as affecting all of the goals, and reviewed them before requesting adoption with the correction of the typo of productivity to proactivity in Goal 4. 10/08/01 -6- Councilmember Nelson requested that the second bullet on Goal 10, completion of the proposed France Avenue routing, be removed since he believes it relates to the Highway 100 project, not the Joslyn site development. Councilmember Lasman indicated she did not agree with Councilmember Nelson. Councilmember Peppe suggested that the item read completion of the France Avenue reroute. Councilmember Ricker stated that he agrees with Councilmember Nelson that the item should be removed from Goal 10 and added to the Highway 100 project portion of the goals under Goal 8. Mayor Kragness asked for consensus of amending the 2002 Goals with removing the second bulletin in Goal 10, completion of the proposed France Avenue routing, and adding this item to Goal 8 under the Highway 100 project portion of the goal. RESOLUTION NO. 2001-142 Councilmember Nelson introduced the following resolution and moved its adoption with the amendment of Goal 10 removing the second bullet, completion of the proposed France Avenue routing, to Goal 8 under the Highway 100 project portion of the goal: RESOLUTION ADOPTING GOALS FOR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:52 p.m. Motion passed unanimously. City Clerk Mayor 0 10/08/01 -7-