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HomeMy WebLinkAbout2001 10-22 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 22, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNC IL 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, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Mary Baker, 6007 Fremont Avenue North, addressed the Council to introduce her daughter, Kara Jean L. Baker. Ms. Baker informed the Council that Kara Jean is the 2001 Miss Minnesota Sweetheart Hostess and that she wished to have Kara Jean meet the Mayor and Council of Brooklyn Center. Kara Jean entered the room and shook hands with the Mayor and Council Members. ADJOURN INFORMAL OPEN FORUM The Council adjourned the informal open forum at 6:57 p.m. 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. 10/22/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Crime Prevention meeting on October 17, 2001, and the Peacemaker's Auction and Dinner on October 11, 2001. She shared that the Police Chief Joel Downer presented information at the meeting regarding the City's safety response and preparedness and that the same information will be presented this evening by Mr. Downer. Mayor Kragness reported that she also attended the Peacemaker's Auction and Dinner on October 11, 2001, and shared that they honored Dave Grass, former Brooklyn Center Police Officer. Mayor Kragness informed the Council that she attended the Brooklyn Historical Society Annual meeting on October 21, 2001, which was very well attended, and that copies of "The Brooklyns" will be on sale at Brookdale around Christmas time if persons were interested in purchasing a book. 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 October 8, 2001, study and regular sessions, and the October 15, 2001, general work session (joint meeting with the Financial Commission). 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 Ace Mechanical Services, Inc. 4820 Lexington Avenue NE, Ham Lake Wencl Services, Inc. 8148 Pillsbury Avenue S, Bloomington 10/22/01 -2- RENTAL Renewal: 5900 Camden Avenue North Patti Zoerb Initial: 2800 Mumford Road Eric Lind TAXICAB Chukwudi Okeke 5252 West 98`" Street, Bloomington 6c. APPROVAL OF APPLICATIONS FOR EXCLUDED BINGO FROM THE WILLOW LANE PTA FOR EVENTS TO BE HELD ON NOVEMBER 16, 2001, AND MARCH 15, 2002, AT WILLOW LANE ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve applications for excluded bingo from the Willow Lane PTA for events to be held on November 16, 2001, and March 15, 2002, at Willow Lane Elementary School. Motion passed unanimously. 6d. RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 TO PROVIDE FOR DEFERRAL OF CERTAIN SPECIAL ASSESSMENTS RESOLUTION NO. 2001-144 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 TO PROVIDE FOR DEFERRAL OF CERTAIN SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Mayor Kragness discussed that the City has conducted Random Acts of Kindness since 1997 during Cities Week. This year the City received nine nominations of which 35 people were included and one entire elementary school. Mayor Kragness informed the audience that each Council Member would help in reading and presenting certificates to those who were present. For the nominated persons who were not present their certificates will be delivered by the Mayor or mailed by staff. Councilmember Ricker read the nominations for Kelly Jo Mrozka, Michael Myslicki, Kara Jean Baker, Joleen Baker, and Christopher Baker. Michael Myslicki, Kara Jean Baker, Joleen Baker, and Christopher Baker were present to receive their certificates. 10/22/01 -3- Councilmember Lasman read the nominations for the seven school patrols at Willow Lane Elementary School, Jennifer Troup, T.J. Troup, Sheena -Marie Nicholls, Breanna Andrews, Julie Lee, Steve Zierke, and Matt Chopp, the students at Willow Lane Elementary School who participated in a "Penny Collection Drive ", Zachary Rickman, Dan Kledzinski, Alex Ryan, Danielle Bredy, and JaVon Latimore, and Ben Boken. Matt Chopp, Dan Kledzinski, Alex Ryan, Zachary Rickman, and Ben B k n o e were present to receive their certificates. Councilmember Peppe read the nominations for Kathy Kroening- Smith, and families and children at the Edinbrook Elementary School. Kathy Kroening -Smith was present to receive her certificate. Mayor Kragness read the nomination for Mr. Toutge's Third Grade Class at Earle Brown Elementary School. No one was present to receive the certificate. Mayor Kragness commended all the nominees and thanked them for their love and care around Brooklyn Center. 8. SPECIAL REPORT ON PUBLIC SAFETY RESPONSE AND PREPAREDNESS Police Chief Joel Downer reported on the City's Emergency Response to Bioterrorism and informed the Council that the residents of Brooklyn Center need to be one big neighborhood watch group and report any suspicious activity. Mayor Kragness thanked Mr. Downer and commended him on all the work undertaken since the September 11, 2001, attacks. 9. PUBLIC HEARINGS 9a. 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.) - Resolution Certifying Special Assessment for a Certain Delinquent Public Utility Service Account to the Hennepin County Tax Rolls City Manager Michael McCauley discussed since the last meeting negotiations had continued and an agreement had been reached with Mr. Lang, property owner of Earle Brown Terrace, to assess $36,000 over 15 years with no interest. Council had discussed this issue at its study session and was favorable of the offer as long as it had no impact on the residents at Earle Brown Terrace. 10/22/01 4- A motion by Councilmember Peppe, seconded by Councilmember Lasman 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. RESOLUTION NO. 2001 -145 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. CONTINUATION OF RANDOM ACTS OF KINDNESS Sheena -Marie Nicholls arrived to receive her certificate for Random Acts of Kindness. Councilmember Lasman presented Ms. Nicholls her certificate and thanked her for the random act of kindness. 9b. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION Mr. McCauley discussed that on July 9, 2001, the Council approved the final plat for BROOKLYN 55 ADDITION and that the final plat subdivided the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. As part of the platting process, the developer dedicated an additional utility easement over existing public utilities. The platting resulted in an overlap of utility easements and it is proposed to eliminate this overlap at this time rather than further encumber the property with duplicate easements. Mr. McCauley informed the Council that this item was first read on the September 24,200 1, and was not properly published. It was suggested to open the public hearing and continue the public hearing to the November 13, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 10/22/01 -5- A motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing to the November 13, 2001, meeting. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS: ADDING PLEDGE OF ALLEGIANCE Mr. McCauley discussed that this resolution, based on a recommendation from Mayor Kragness, would amend the City Council Handbook and add the Pledge of Allegiance to the Order of Business. The Order of Business would read as follows: 1. Informal Open Forum with City Council — 6:45 p.m. 2. Invocation * - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Presentations 8. Approval of Agenda and Consent Agenda 9. Public Hearing 10. Planning Commission Items 11. Council Consideration Items 12. Adjournment RESOLUTION NO. 2001-146 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS: ADDING PLEDGE OF ALLEGIANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. The Pledge of Allegiance was spoken. 10b. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD 10/22/01 -6- Mr. McCauley discussed that the property at 6842 West River Road had been a problem for many years and was cleaned up with costs recovered including attorney's fees, but subsequently the house was severely damaged by fire. Since the fire the house has had nothing done to it and it has been indicated from the City's Prosecuting Attorney to invoke the Hazardous Building Act and related laws to permit the City to raze and remove the home and clean up the fire debris if the property owner does not do so. RESOLUTION NO. 2001-147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. loc. REQUEST FOR PROPOSALS — PROFESSIONAL AUDIT SERVICES Mr. McCauley discussed that under the current policy, which the City Council had established, audit services are to be bid each six years. 2001 is the year bids should be solicited for audit services and a proposed Request for Proposals (RFP) had been prepared for Council consideration. The Financial Commission recommended approval of the RFP at a joint meeting with the City Council on October 15, 2001. This item is on the agenda for final approval and to move forward with advertising. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the RFP. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to appoint the following to the review committee for the RFP received. Motion passed unanimously. Mayor Myrna Kragness Councilmember Kay Lasman Councilmember Ed Nelson Financial Commission Chair Donn Escher Financial Commissioner Jay Hruska Financial Commissioner Mark Nemec 10/22/01 -7- 10d. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A Mr. McCauley discussed that this resolution would provide for the competitive negotiated sale of $730,000 to finance various improvement projects in the City. RESOLUTION NO. 2001-148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 10e. STAFF REPORT: 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 the Robbinsdale City Council is not prepared to move forward with the proposed land exchange to accomplish the detachments and annexations as part of the TH 100 segment four design and outlined the options that City of Brooklyn Center could pursue and suggested that the Council might wish to hold off on this item until the Robbinsdale City Council makes their final decision. Councilmember Ricker questioned the potential trail through the area in question and if there would be any costs to residents of Brooklyn Center. Public Works Director Diane Spector discussed that staff is working with Hennepin County Parks for funding and that if funding is not provided there is an expense included in the 2002 budget for the potential trail. It was the consensus of the Council to hold off on any action until a response is received from the Robbinsdale City Council. 10f. RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO SUPPORT FACILITY CONSTRUCTION/REMODELING Mr. McCauley discussed this resolution would authorize and direct fund transfers to support facility construction/remodeling identified in the resolution. 10/22/01 -8- RESOLUTION NO. 2001-149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO SUPPORT FACILITY CONSTRUCTION/REMODELING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Ricker to adjourn the City Council meeting at 7:49 p.m. Motion passed unanimously. City Clerk A 7 � Mayor 10/22/01 -9-