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HomeMy WebLinkAbout1999 09-13 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 13, 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. Dan Remiarz, 6201 June Avenue North, addressed the Council regarding the process of the informal open forum and the new community service center addition. Mr. Remiarz asked why the Council started the informal open forum. Mayor Kragness informed him that the informal open forum allows residents to speak to the Council before a meeting who otherwise may not want to speak during a Council meeting, and also provides an opportunity to residents to discuss items not on the agenda. Mr. Remiarz discussed his concern about the new community service center addition. Mayor Kragness informed Mr. Remiarz that there had been thorough studies done and that one would be provided to him. Edith Svitak, 5616 Dupont Avenue North, addressed the Council regarding her concerns with the street improvements on 55th, 57th, and Dupont Avenue. Ms. Svitak asked when the project would be finished and why they are doing some of the things they are doing. Mayor Kragness suggested having Public Works Director Diane Spector discuss the improvements with Ms. Svitak after the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 09/13/99 -1- 2. INVOCATION A moment of silence was offered. I 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. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael 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 Lasman reported she, along with Councilmember Hilstrom and Councilmember Nelson, attended the Boards of Government meeting and that the meeting was very well attended. Mayor Kragness reported that she was invited to the 20th Anniversary celebration for the Lioness'. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Consent agenda item 6h was requested to be removed from the agenda. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the general work session on August 16, 1999, and the study and regular sessions on August 23, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. 09/13/99 -2- RENTAL Renewal 6331, 6401, 6425 Beard Ave N Phillips Clovers & Fred Commers 5444 Bryant Ave N Ralph Johnson 5329 Queen Ave N Doris Stachowski 4207 Lakeside Ave N, #320 Heinz Pollinger 5340 & 44 Russell Ave N Fred & Judie Swenson 4819 Azelia Ave N Penelope Brown 5318 Queen Ave N Carin Rudolph Initial Riverwood Estates Apartments Donald Kasbohm SIGN HANGER Universal Signs, Inc. 1033 Thomas Avenue, St. Paul APPLICATION FOR 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE FROM ST. ALPHONSUS CHURCH FOR AN EVENT TO BE HELD ON OCTOBER 9,1999 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application for temporary on -sale liquor license for an event to be held on October 9, 1999. Motion passed unanimously. APPLICATION FOR 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE FROM ST. ALPHONSUS CHURCH FOR AN EVENT TO BE HELD ON FEBRUARY 13, 2000 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application for temporary on -sale liquor license for an event to be held on February 13, 1999. Motion passed unanimously. 6c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL RESOLUTION NO. 99 -133 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL 09/13/99 -3- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION REJECTING BIDS FOR SECURITY CAMERAS AND AWARDING BID FOR ACCESS DOORS FOR NEW POLICE STATION 1998 -09 RESOLUTION NO. 99 -134 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS FOR SECURITY CAMERAS AND AWARDING BID FOR ACCESS DOORS FOR NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURERS RESOLUTION NO. 99 -135 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99-136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 09/13/99 -4- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 99 -137 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION APPROVING FINAL PLAT - JOSLYN ADDITION This resolution was removed from the agenda. 6i. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT - DALE AND DAVIES 3RD ADDITION A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve first reading of ordinance and set October 11, 1999, for second reading and public hearing. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. PUBLIC HEARINGS REGARDING 1999 PROPOSED SPECIAL ASSESSMENTS PROCEDURES AND GENERAL INFORMATION 1. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS i 09/13/99 -5- City Manager Michael McCauley discussed these public hearings this evening are the annual hearings to consider certification of proposed special assessments. All potentially affected property owners had been notified by certified mail of the date of the public hearing and the amount of the proposed special assessment. 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 Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -138 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST 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 Nelson. Motion passed unanimously. 2. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed the resolutions certifying special assessments for public utility hookup charges and delinquent public utility service need to be adopted in order to certify the assessments to the Hennepin County tax rolls. Councilmember Hilstrom asked to receive a report comparing the policy of special assessments to collect delinquent utility bills with the prior policy to show the results and differences. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 09/13/99 -6- No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 99 -140 Councilmember Nelson introduced the following resolution and moved its adoption: 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 Peppe. Motion passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS Mr. McCauley discussed at the Council meeting on August 23, 1999, the Council directed staff to prepare an amendment to Chapter 23 of the City Ordinances relating to location of pawnbrokers and secondhand goods dealers. This ordinance amendment would amend the location of 300 feet from currency exchange operations. Councilmember Hilstrom asked that the language in the ordinance be consistent and suggested changing check cashing operation to currency exchange. City Attorney Charlie LeFevere informed the Council the ordinance could be amended to say currency exchange and still be approved this evening with a motion on the amendment being approved. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to amend the ordinance to specify currency exchange operation instead of check cashing operation. Motion passed unanimously. 09/13/99 -7- I A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99-14 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman as amended. Motion passed unanimously. 7c. 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 would be adding new sections 23 -2201 through 23 -2205 and discussed some of the restrictions. 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. ORDINANCE NO. 99 -15 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23 -2201 THROUGH 23 -2205 The motion for the adoption of the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. 09/13/99 -8- 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT GREGORY WEEKS Mr. McCauley commended Sergeant Gregory Weeks for his faithful service to the City of Brooklyn Center. Mayor Kragness read the resolution and also commended Sergeant Weeks. Sergeant Weeks addressed the Council to say thanks to the Council and to all the previous Council Members for all their support during his years of service and that he will miss his job greatly. RESOLUTION NO. 99 -141 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT GREGORY WEEKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION DIRECTING NSP TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO NORTH CITY LIMITS, AND CR 10, TH 100 TO BROOKLYN BOULEVARD Mr. McCauley discussed this resolution would direct NSP to underground overhead utilities on Brooklyn Boulevard, 65th Avenue to north city limits, and CR 10, and TH 100 to Brooklyn Boulevard. RESOLUTION NO. 99-142 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DIRECTING NSP TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO NORTH CITY LIMITS, AND CR 10, TH 100 TO BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 09/13/99 -9- 8c. RESOLUTION AUTHORIZING THE REPLACEMENT OF WATER MAIN ON OLD 65TH AVENUE BETWEEN CAMDEN AND LILAC DRIVE, ON THE REGAL THEATER SITE, AND APPROPRIATING FUNDS Mr. McCauley discussed this resolution would authorize the expenditure of funds for the replacement of water main on old 65th Avenue between Camden and Lilac Drive and permit the developer's contractor to construct replacement of water main. Mayor Kragness asked if this would delay the construction of the Regal Theater. Mr. McCauley responded that the work will occur with the project and will not delay the project. RESOLUTION NO. 99 -143 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE REPLACEMENT OF WATER MAIN ON OLD 65TH AVENUE BETWEEN CAMDEN AND LILAC DRIVE, ON THE REGAL THEATER SITE, AND APPROPRIATING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS Mr. McCauley discussed at the August 23, 1999, City Council meeting, this item was tabled until more information was received. The City received a request from the Minnesota Deputy Registrar's Association (MDRA) for support of a fee increase. The information received since August 23, 1999, was that the MDRA recommended a $5 fee, which is a $1.50 increase from the current fee to keep up with the cost of living index. Mr. McCauley informed the Council they would not need to take action on this resolution. Council further discussed the request and if this is something the Council needs to adopt. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to indefinitely table the resolution. Motion passed unanimously. 8e. 2000 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION TO ADOPT THE 2000 PRELIMINARY BUDGET 09/13/99 -10- 2. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2000 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS 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 MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2000 4. RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS Mr. McCauley discussed the Council is being asked to approve the preliminary 2000 real estate tax C p aiy Y g Pp levy and the preliminary 2000 budget. State law requires the adoption of these two items at the beginning of September along with the preliminary levy and budget, State law also requires the Council to set the truth in taxation and continuation hearing (if needed) dates. The recommended date for the truth in taxation hearing is Monday, December 6, 1999, at 7:00 p.m., and the recommended date for the continuation hearing is Monday, December 13, 1999, at 6:00 p.m. This budget is preliminary and revisions will be made as the budgets continue to be refined to meet the Council's goals. The date for the adoption of the budget will be December 13, 1999. Mr. McCauley gave an overview of the increases for 2000 and discussed the preliminary levy would increase real estate taxes levied by the City, EDA, and HRA by a total of 2.61 percent above the gross levy for taxes payable in 1999. RESOLUTION NO. 99 -144 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2000 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -145 Councilmember Lasman introduced the following resolution and moved its adoption: 09/13/99 -11- RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2000 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -146 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 MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99-147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8L TATTOO/BODY PIERCING ORDINANCE DISCUSSION Mr. McCauley discussed that in response to the Council's direction a draft ordinance was prepared, modeled on another City's ordinance, and submitted at the last Council meeting. In response to the Council's request for additional research into what other cities are doing to regulate tattoo parlors, a survey was conducted. A matrix was prepared by the City Attorney's office and was included with the materials showing the types of regulations being imposed by other cities and the same provisions of the proposed draft ordinance. Mayor Kragness asked about ear piercing. Mr. LeFevere informed the Council that jewelry stores are exempt from the ordinance. 09/13/99 -12- Councilmember Hilstrom asked about home tattoo parlors. Mr. LeFevere said that this ordinance prohibits home tattoo parlors. Councilmember Nelson commended staff for the fast work on getting this ordinance prepared. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to direct staff to bring forward the ordinance by State regulations. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting at 7:44 p.m. Motion passed unanimously. ity Clerk �Ciladr o Tem 09/13/99 -13-