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HomeMy WebLinkAbout1999 06-14 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 JUNE 14, 1999 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 Pro Tern Robert Peppe at 6:47 p.m. ROLL CALL Mayor Pro Tern Robert Peppe, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one wished to address the Council. i ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Reverend Joseph Kim, Korean Presbyterian Church of Minnesota, 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 Pro Tern Robert Peppe at 7:02 p.m. 06/14/99 -1- 4. ROLL CALL Mayor Pro Tern Robert Peppe, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the North Metro Mayors Highway 100 meeting. Councilmember Lasman reported that she attended the swearing in of the new police officer, Michael Colestock, on June 10, 1999. Mayor Pro Tern Peppe reported that he attended the North Metro Mayors meeting on behalf Mayor Myrna Kragness. 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 study session and regular session on May 24, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE - OPERATOR Earle Brown Bowl 6440 James Circle Yun's Restaurant 6405 James Circle North AMUSEMENT DEVICE - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington Metro Coin, Inc. 8055 Ranchers Road NE, Fridley COURTESY BENCH Ameribench Company 4215 Winnetka Avenue, New Hope 06/14/99 -2- GARBAGE COLLECTION VEHICLE The Mengelkoch Company 119 NE 14th Street, New Brighton Walz Brothers Sanitation, Inc. P.O. Box 627, Maple Grove MECHANICAL SYSTEMS 3 -D Heating and Air Conditioning 7674 Meridian Avenue South, Montrose Advantage Air, Inc. 325 130th Street West, Shakopee Doody Mechanical Inc. 520 Front Avenue, St. Paul Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Quality Air, Inc. 10830 Magnolia Street NW, Coon Rapids RENTAL DWELLING Initial: Samuel and Virginia Ng 5209 Xerxes Avenue North Renewal: Alvin Moline 7106 France Avenue North David Theisen 5601 Lyndale Avenue North Hearthstone Properties 6012 Zenith Avenue North SIGN HANGER All -Brite Sign, Inc. 5223 Lakeland Avenue North 6e. RAFFLE APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM HAZELDEN A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve raffle application for exemption from lawful gambling from Hazelden. Motion passed unanimously. 6d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99 -93 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. 06/14/99 -3- 6e. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS FISCAL AGENT FOR THE 1999 -2001 MINNESOTA DEPARTMENT OF CHILDREN, FAMILIES AND LEARNING, AFTER SCHOOL ENRICHMENT GRANT RESOLUTION NO. 99 -94 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS FISCAL AGENT FOR THE 1999 -2001 MINNESOTA DEPARTMENT OF CHILDREN, FAMILIES AND LEARNING, AFTER SCHOOL ENRICHMENT GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. AN ORDINANCE AMENDING CHAPTERS 6,11, 21, AND 23 OF THE CITY ORDINANCES ADDING SECTIONS REGARDING COMPUTERIZED CRIMINAL HISTORY AND DRIVER'S LICENSE HISTORY INQUIRES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set July 12, 1999, for public hearing and second reading. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE CONTROL OF NOXIOUS WEEDS City Manager Michael McCauley discussed this ordinance changes the current ordinance to adopt the State definitions of noxious weeds by reference, rather than listing them separately in the ordinance. This makes its regulations consistent with State regulations and avoids having two sets of noxious weed definitions. 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 Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. 06/14/99 -4- I ORDINANCE NO. 99 -10 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE CONTROL OF NOXIOUS WEEDS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed an ordinance amending Chapter 3 of the City Ordinances regarding the Minnesota State Building Code would amend the ordinance to increase the amount of permit fee retained if the work is not begun. 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 Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99 -11 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Pro Tern Peppe read the nomination by Mayor Kragness of Mark Nemec, 5538 Camden Avenue North, to the Financial Commission. 06/14/99 -5- Councilmember Hilstrom informed the audience there was one vacancy left on the Financial Commission and that anyone interested should contact City Clerk Sharon Knutson. A motion by Councilmember Lasman, seconded by Councilmember Nelson to ratify the Mayoral nomination of Mark Nemec, 5538 Camden Avenue North, to the Financial Commission. Motion passed unanimously. 8b. RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER LIONS CLUB FOR ARBOR DAY PROGRAM AND POLICE EQUIPMENT Councilmember Hilstrom read the resolution acknowledging the donations from the Brooklyn Center Lions Club. RESOLUTION NO. 99 -95 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER LIONS CLUB FOR ARBOR DAY PROGRAM AND POLICE EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8c. RESOLUTION ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR A STUDY OF VARIOUS TH 100 TRAFFIC ISSUES Mr. McCauley discussed this resolution would accept a proposal and award a contract for professional services to SEH for a study of various TH 100 traffic issues, and that Local State Aid Funds will be used to finance the study. Mr. McCauley reported that Mn/DOT would not be able to begin a study until this fall. The City will work with Mn/DOT and the County on the traffic issues. This study will be reported on sometime in the fall. Staff is recommending the study to bring the various issues to resolution in response to the residents who have requested closure of 50th and Highway 100 exit ramps. RESOLUTION NO. 99 -96 Councilmember Lasman introduced the following resolution and moved its adoption: 06/14/99 -6- RESOLUTION ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR A STUDY OF VARIOUS TH 100 TRAFFIC ISSUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8d. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER Mr. McCauley discussed this resolution authorizing issuance of a currency exchange license to Community Money Centers, Inc. dba Money Centers was referred by the Department of Commerce for the City of Brooklyn Center to review under Minnesota Statute §53A.04 which requires the City to render a decision regarding approval of the license. Council discussed the zoning issues and the possibility of getting guidance before approving this resolution to license Community Money Centers, Inc. City Attorney Charlie LeFevere informed the Council that the law requires a public hearing for this type of issue. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Cary Geller, President of Money Centers, addressed the Council for any questions they had. Councilmember Nelson asked Mr. Geller if he has other currency stores. Mr. Geller reported that he does have other currency stores and that they are located in shopping centers. With no one else appearing Councilmember Hilstrom moved and Councilmember Nelson seconded a motion to close the Public Hearing. Motion passed unanimously. Councilmember Hilstrom expressed concerns and made a motion to disapprove the application for a currency exchange license for the following reasons: 1. State Law provides that the City Council must approve or disapprove the issuance of the license and that failure to disapprove the application within 60 days of the application is deemed to be an approval. 2. State Law provides no standards for consideration of the application by the City Council. 3. The City Council is concerned that the City's zoning ordinance may not adequately protect the public health, safety, and welfare in that such controls: 06/14/99 -7- I a. May allow uses such as currency exchanges which may not be compatible with the neighborhood; b. Do not preserve properties which are uniquely suited for neighborhood service and retail establishments for such uses; C. May allow uses which increase, or contribute to factors increasing, crime, blight, deterioration, diminution in property values; and d. May allow uses which impair orderly development and redevelopment or which create disincentives to reinvestment in the Community. 4. There is a need for study and evaluation of the City's zoning ordinances and official control, which studies have been ordered by the City Council. 5. There is a need to preserve the status quo while such studies are undertaken to protect the public health, safety, and welfare and to protect the planning process. 6. The Council does not wish for the license application to be approved while such studies are underway by reason of failure to act within the 60 day deadline imposed by State Law. Councilmember Nelson seconded the motion. Motion passed unanimously. Mayor Pro Tern Peppe suggested staff to gather further information and report back to the Council at the June 28, 1999, meeting. 8e. RESOLUTION AWARDING CONTRACT FOR FURNITURE AND EQUIPMENT FOR THE NEW POLICE STATION, PROJECT NO. 1998 -09 Mr. McCauley informed the Council that this resolution would award a contract for furniture and equipment for the new police station which were included in the budget for furnishings of the new building. These items would be to equip the larger facility and for those items which cannot be relocated from the current space. Councilmember Hilstrom asked when the new building would be occupied and if updates could be given until the building is occupied. Mr. McCauley responded they should be in the new building sometime in September or October and that updates would be provided. RESOLUTION NO. 99 -97 Councilmember Hilstrom introduced the following resolution and moved its adoption: 06/14/99 -8- RESOLUTION AWARDING CONTRACT FOR FURNITURE AND EQUIPMENT FOR THE NEW POLICE STATION, PROJECT NO. 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously: 9f. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that half of the City has been covered since the first of the year with the following results: 586 Complaints/Inspections 153 Scraping/Painting /Repair Issues 268 Pending Cases 11 Citations Issues 9 Referred for Formal Complaints Code enforcement continues to move through the Southeast neighborhood to make sure in compliance from citations issued and by complaints received. Council discussed ways to inform citizens of code violations. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the meeting at 7:35 p.m. Motion passed unanimously. City Clerk / Mayor 06/14/99 -9-