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HomeMy WebLinkAbout1999 08-09 CCM Regular Session r 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 AUGUST 9, 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 Myrna Kragness at 6:47 p.m. ROLL C ALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. 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. Tom and Lisa Nystrom, 807 73rd Avenue North, addressed the Council regarding the 73rd Avenue joint project with Brooklyn Park. Mr. Nystrom asked for an update on the project. Mayor Kragness informed the Nystroms that the update will be provided during the meeting. Public Works Director Diane Spector said that she would be able to update the Nystroms after the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Peppe 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 7:01 p.m. 08/09/99 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. 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 Hilstrom reported that on August 3, 1999, she participated along with other Councilmembers, staff, and residents in National Night Out, and that it was a tremendous success. She commended everyone for their participation. Councilmember Nelson reported that on August 4, 1999, he attended the Wickes ground breaking ceremony and had a great time. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the minutes from the joint meeting with the Chamber of Commerce and the regular session on July 26, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GARBAGE COLLECTION VEHICLE Waste Management - Blaine 10050 Naples Street NE, Blaine MECHANICAL SYSTEMS Sharp Heating and Air Conditioning 4854 Central Ave. NE, Columbia Hghts RENTAL DWELLING Initial: Paulette Thibault 5332 Russell Avenue North 08/09/99 -2- Renewal: Douglas Finch 6637 Xerxes Place North Gary Nesseth 5919 Pearson Drive James Soderberg Melrose Gates Apartments John Pepera 6142 Scott Avenue North Lida Properties, LLP Brookhaven Apartments Ray Delong 5211 France Avenue North 6c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99 -118 Councilmember Hilstrom 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 Lasman. Motion passed unanimously. 6d. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 99 -119 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6e. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 99-120 08/09/99 -3- Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1999- 12, CONTRACT 1999 -B, REPLACEMENT OF LIFT STATIONS #8 AND #9 RESOLUTION NO. 99 -121 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 1999 -13, REPLACEMENT OF LIFT STATIONS #8 AND #9 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. COUNCIL CONSIDERATION ITEMS 7a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MELVIN LARSON City Manager Michael McCauley discussed this resolution would recognize Melvin Larson for his dedicated work as an employee in the City of Brooklyn Center from December 23, 1974, to August 20, 1999. RESOLUTION NO. 99-122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MELVIN LARSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 08/09/99 -4- 7b. RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 1999 LANDSCAPE AND GARDEN CONTEST Public Works Director Diane Spector showed pictures and announced the winners from the 5th annual landscape and garden contest: OVERALL WINNER & 1st PLACE FLOWER GARDEN John Cariveau 6301 Unity Avenue North 1st Place Landscaping LeRoy Unruh 4506 65th Avenue North 2nd Place Landscaping Robert McGowan 5512 Oliver Avenue North 3rd Place Landscaping Diane Sannes 7006 Willow Lane 2nd Place Flower Garden The Volunteer Garden Club St. Alphonsus Catholic Church 3rd Place Flower Garden Elmer Peterson 5350 Logan Avenue North SPECIAL RECOGNITION Best Garden Feature Terry Magalis 6724 Willow Lane Backyard Garden Novella Zimbrick 6006 Aldrich The judges for the contest were Master Gardener Doris Wickstrom, Horticulturists Wayne Biers, and Dave Anderson from the engineering division. Ms. Spector commended all for their participation. RESOLUTION NO. 99 -123 Councilmember Nelson introduced the following resolution and moved its adoption: 08/09/99 -5- I I RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 1999 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. NATIONAL LEAGUE OF CITIES MEMORANDUM REGARDING OPPORTUNITY TO PRESENT PROPOSED AMENDMENTS TO THE NATIONAL MUNICIPAL POLICY Mr. McCauley discussed that the National League of Cities submitted a memorandum regarding opportunity to present proposed amendments to the National Municipal Policy. This item was placed on the agenda to be formally presented to the Council. The due date for proposals and resolutions is August 13, 1999. 7d. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this resolution would formally establish the Garden City central street, storm drainage, and utility improvements project. Ms. Spector discussed the project area is 3.75 miles of streets in the Garden City central neighborhood being proposed for reconstruction in 2000. The streets included are all streets east of Xerxes to Garden City Park, as well as 63rd Avenue from Brooklyn Boulevard to Xerxes, and the streets between 61 st and 63rd, from Brooklyn Boulevard to Xerxes. Ms. Spector discussed the actions that would take place if this resolution is adopted and they are as follows: • Property owners will be sent a letter notifying them of the proposed projects and include an initial survey. • Field work will begin. • Review of sewer televising and soil boring information already gathered. • Conduct an initial public informational meeting in mid to late November to present initial findings to the neighborhood and gauge public interest in the improvement projects. Special attention would be paid this year to highlighting impact on boulevard trees. • If neighborhood reaction is positive staff would proceed to more detailed design and would hold a second public informational meeting in January. • Again, if the neighborhood reaction continues to be positive, the City Engineer would prepare a feasibility study for the Council to review. The Council would then consider setting a date in February for a project hearing. 08/09/99 -6- i RESOLUTION NO. 99-124 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7e. RESOLUTION ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS Mr. McCauley discussed this resolution ordering project, approving plans and specifications, and authorizing ad for bids would allow bids to be received for the redevelopment of the Joslyn site due to Azelia Avenue having to be upgraded between Lakebreeze Avenue and the Joslyn site. Council discussed previous concerns regarding traffic in the area. Ms. Spector informed the Council that the property owners in the area have been contacted and that their primary concern is the traffic that will occur later. RESOLUTION NO. 99 -125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FORBIDS, IMPROVEMENT PROJECT NO. 1999-20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7f. 73RD AVENUE JOINT IMPROVEMENT PROJECT WITH BROOKLYN PARK 1. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 08/09/99 -7- 2. RESOLUTION AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT WITH BROOKLYN PARK REGARDING 73RD AVENUE IMPROVEMENTS Mr. McCauley discussed the two resolutions before the Council would be to establish improvements for 73rd Avenue and authorize the City to enter into a joint powers agreement with Brooklyn Park. The draft joint powers agreement included in the materials had one correction. Section B, item 5, should read Brooklyn Center shall submit cost documentation as needed and requested. Each City will use their own methodology and come together and split the costs. Councilmember Hilstrom asked what side of the street the sidewalk would be placed. Mr. McCauley responded that there will be meetings with the neighbors to discuss whether or not there will be sidewalks on both sides of the street or sidewalk on neither. Councilmember Nelson asked about the utilities. Mr. McCauley responded that the utilities are shared and would be split between both cities. RESOLUTION NO. 99 -126 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. •RESOLUTION NO. 99 -127 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT WITH BROOKLYN PARK REGARDING 73RD AVENUE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 08/09/99 -8- 79. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23- 2201 THROUGH 23 -2205 Mr. McCauley discussed this ordinance amendment sets forth procedure and incorporates restriction specifics such as: a. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. b. The window and door area of any existing first floor fagade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor fagade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass i that allow views into the building at eye level. d. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon. f. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. g. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. h. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. Councilmember Hilstrom asked if a section on distance could be added to the draft before the Council this evening. Mr. McCauley responded that a section on distance could be added and the ordinance amendment could be re- drafted and brought back to the Council for approval at the next meeting. Councilmember Hilstrom was concerned about the timing and asked if this item could be tabled until the end of the meeting, have language pulled from the secondhand goods dealer ordinance relating to distance, and incorporate the language for approval this evening. 08/09/99 -9- A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to table this item until the end of the meeting. Motion passed unanimously. Councilmember Nelson shared a thank you letter received from Mr. Geller. 7h. PROPOSALS FOR CIVIL LEGAL SERVICES Mr. McCauley discussed that pursuant to the City Council's policy, civil legal services are to be reviewed in 1999. Included with the materials was a draft request for proposal for Council consideration. The draft differs from the last request in that bond counsel service is not included. The City has been operating with separate bond counsel and have found this practice to be functional. Mr. McCauley requested to defer bond counsel solicitation until after completion of the civil legal service solicitation. The draft proposal would have Mr. McCauley review the proposals and make a recommendation of no more than three firms as finalists for City Council consideration. Award and selection of the firm would be made directly by the City Council. Councilmember Hilstrom asked about the award going to lowest bidder. Mr. McCauley responded that the proposals are for services and low bid does not apply. Proposals are reviewed to select the to best qualified provider. It was the consensus of the Council to move forward with the draft proposal included with materials and have Mr. McCauley review the proposals and make a recommendation of no more than three firms to the City Council for consideration. 7i. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that in the last ten months the entire City had been checked for code violations and the following is a breakdown of the 657 total orders issued: • Painting/Repairs 118 • Referred Cases 39 • Miscellaneous 60 • Formal Complaints 11 • Citations Issued 15 • Sweep Generated 168 • Citizen Complaints 160 • Pending Cases 86 More efforts are being focused on exterior maintenance of homes this summer. Approximately 118 orders were written for scraping /painting and repairs. Most of these orders have been focused on the Southwest corner of the City. 08/09/99 -10- To date, approximately 38 residents have complied with these orders. Numerous residents have called to advise that they intend to do the work but are waiting to hear from their insurance company because their home was damaged from the storms last summer. Councilmember Nelson asked for clarification on what residents are to do when people are not complying with City ordinances. Mr. McCauley responded that residents should call the code enforcement hotline and leave a message. Citizens are sometimes frustrated because they call to report a violation but do not leave their name and telephone number. If persons wish to know the results of the investigation of their complaint, they should leave their name and telephone number so that someone can get back to them with the results of the investigation. Occasionally, people call back several times to report the same violation without knowing that the problem may have been inspected and an order issued but that the order provides a certain number of days within which to comply. Also there are situations where people do not comply with orders and we must send it in the criminal prosecution system which takes months. By leaving their name and telephone number, they can be advised that in fact action is taking place, even though they do not see a change in the residence. Mayor Kragness said that she believes people will not leave their name because they are afraid their neighbors will find out who called in the complaint. Mr. McCauley discussed that under the Data Practices Act there are laws about non - public information. Councilmember Hilstrom asked what will happen now that the entire City has been swept within a year. Mr. McCauley responded that staff will continue to follow up on citations issued at this point, regroup and revisit areas, and report back to the Council with a formal report or when the sweep will resume and what area. 7g. CONTINUED AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23- 2201 THROUGH 23 -2205 This item was tabled earlier for the following language to be reviewed and presented for an addition to the ordinance amendment for approval: The licensed premises shall not be located within 300 feet of a pawnshop, secondhand goods dealer, tattoo parlor, massage parlor, church, school, day -care center, or business whose primary business is the piercing of body parts. Council discussed this language being added to the secondhand goods dealer ordinance also since there are some locations not included in that ordinance. Mr. McCauley discussed this language could be added to the ordinance amendment before the Council this evening and staff could bring back an amendment to the secondhand g oods dealer ordinance. 08/09/99 -11- A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to have the following added to the draft ordinance amendment before the Council this evening and also direct staff to draft language to amend the secondhand goods dealer ordinance: The licensed premises shall not be located within 300 feet of a pawnshop, secondhand goods dealer, tattoo parlor, massage parlor, church, school, day -care center, or business whose primary business is the piercing of body parts. Motion passed unanimously. Councilmember Nelson asked if the ordinance before the Council this evening for approval would still have a second reading and public hearing on September 13, 1999. Mr. McCauley responded that if the Council were to approve the first reading this evening with the amendment, staff could make the change to the ordinance and continue with the second reading and public hearing date. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve first reading as amended and set September 13, 1999, for public hearing and second reading. Motion passed unanimously. 8. ADJOURNMENT Councilmember Hilstrom seconded b Councilmember Lasman to adj ourn the meeting A motion by Coun y at 7:53 p.m. Motion passed unanimously. City Clerk Mayor 08/091/99 -12-