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Home My WebLink About1998 10-13 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 OCTOBER 13, 1998 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 Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. INFORMAL OPEN FORUM Don Grant addressed the Council concerning Brookdale and the City's role in ensuring that Brookdale doesn't go away. He inquired if the local politicians could influence the State Legislature to ensure that Brookdale continues its existence. Mayor Kragness informed Mr. Grant that the City Council and Staff, as well as Speaker Carruthers and Senator Scheid are working with representatives from Brookdale and others on this matter. Chuck Lenthe, 7007 Irving Avenue North, inquired if the Met Council approves the location of regional shopping centers. He recommended that the City suggest to the Met Council that the proposed mall for Maple Grove be as far away from Brookdale as possible. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn informal open forum passed unanimously. Informal open forum adjourned at 6:54 p.m. 2. INVOCATION A moment of silence was observed. 10/13/98 -1- 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 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Detective Steve Karris, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported her attendance at the Crime Prevention meeting on September 16, 1998. The Crime Prevention summer youth program rendered 950 services to children in Brooklyn Center; there are 147 Neighborhood Watch Groups; and the Crime Prevention raised $2,000 from its golf tournament. 6. PRESENTATIONS 6a. CHARTER COMMISSION - RECOGNITION OF TED WILLARD Carl Wolter, Charter Commission Chair, and Mayor Kragness presented a recognition plaque to Ted Willard for his service on the Charter Commission from June 20, 1990, to December 1, 1997. 6b. RANDOM ACTS OF KINDNESS Councilmember Lasman explained that this is the second year of Brooklyn Center's participation in Random Acts of Kindness. Brooklyn Center residents nominate and spotlight those people who during their everyday life do acts of kindness for others. There were 25 recipients of certificates acknowledging random acts of kindness. Council Members presented certificates to the following people: -Brooklyn Center High School Student Council -Don Buckingham -Pat Milton, on behalf of Peacemakers, Healthy Communities, and Healthy Youth -Bill and Marjorie Larson -Don Rosen -Brooklyn Center Lions, c% Bob Becker *Myrna Kragness 10/13/98 -2- The following people were nominated and their certificates will be mailed: •Brooklyn Center School District Parents and Children -Gary Stevenson -Brian Walker •Jane McGowan •Nadine Floyd -Ray Frey -Norma Kinghorn -Ray Zirkle -Anne Vik -Carol Weber -Doris Patterson -Brooklyn Center Charitable Foundation c% Phil Cohen [Clerk's note: Random Acts of Kindness continues after Item No. 8a.] 7. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested that Agenda Item No. 7a, Approval of Minutes, be removed from the Consent Agenda and placed as Item No. 9e under Council Consideration Items. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. 7a. APPROVAL OF MINUTES This item was removed from the Consent Agenda and placed as Item No. 9e under Council Consideration Items. 7b. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the following list of licenses passed unanimously. AMUSEMENT DEVICES - OPERATOR Toys R US 5425 Xerxes Avenue North MECHANICAL SYSTEMS Countryside Heating and Cooling Systems, Inc. 6511 Highway 12, Maple Plain TNC Industries, Inc. 2405 Annapolis Lane N, Plymouth RENTAL DWELLINGS Renewal: Duane Christiansen 5400 Sailor Lane Eugene Hess 3218 63rd Avenue North Modell Investments 3713 47th Avenue North Patrick Menth 5302 Fremont Avenue North 10/13/98 -3- SIGN HANGER Universal Signs, Inc. 1033 Thomas Avenue, St. Paul 7c. APPROVAL OF APPLICATION TO CONDUCT EXCLUDED BINGO SUBMITTED BY ORCHARD LANE ELEMENTARY PTA FOR AN EVENT TO BE HELD NOVEMBER 13,1998 A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve application to conduct excluded bingo submitted by Orchard Lane Elementary PTA for an event to be held November 13, 1998, passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -176 Member Carmody 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 member Peppe and passed unanimously. 7e. RESOLUTION ACCEPTING WORK PERFORMED, APPROVING CHANGE ORDER NO. 1, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -22, CONTRACT 1998 -M, PLAYGROUND EQUIPMENT REPLACEMENT AT BELLVUE, HAPPY HOLLOW, AND EAST PALMER LAKE PARKS RESOLUTION NO. 98 -177 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED, APPROVING CHANGE ORDER NO. 1, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -22, CONTRACT 1998 -M, PLAYGROUND EQUIPMENT REPLACEMENT AT BELLVUE, HAPPY HOLLOW, AND EAST PALMER LAKE PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 10/13/98 -4- 7f. RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 14361 AND 14362 RESOLUTION NO. 98 -178 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 14361 AND 14362 The for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 7g. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14359 AND 14360 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 98 -179 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14359 AND 14360 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 8. PUBLIC HEARING 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS City Manager McCauley explained that this draft of an ordinance amending Chapter 23 of the Brooklyn Center Code of Ordinances, relating to the regulation of pawnbrokers and secondhand goods dealers was approved and adopted by the City Council at its September 14, 1998, meeting and is offered for second reading and public hearing this evening. The Planning Commission, at its September 24, 1998, meeting, reviewed the request by Council with regard to zoning requirements for secondhand goods dealers and pawnshops. The Planning Commission recommended no change to the Zoning Ordinance and referred it back to the City Council to review the licensing ordinance with regard to distance between pawnshops, secondhand goods dealers, check cashing operations, and liquor stores. This matter will be brought back to the Council at a later date, but it was being provided as an update on the Council's previous request. 10/13/98 -5- A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing on an ordinance amending Chapter 23 of the Brooklyn Center Code of Ordinances, relating to the regulation of pawnbrokers and secondhand goods dealers passed unanimously. Mayor Kragness inquired if anyone was present to speak regarding this issue. Attorney Tom Johnson from Gray, Plant, and Mooty representing Grow Biz International (GBI) addressed the Council. Mr. Johnson expressed that he was pleased to see some of his recommended changes included in the draft ordinance which he had worked on with the City Attorney and Police Department. He addressed two sections of the secondhand goods dealer requirements which he would like to see amended. Mr. Johnson explained the sections are Section 23 -666, letter J and Section 23 -667. He recommended exempting transactions of less than $25 from the record keeping requirements. Councilmember Hilstrom inquired if the $25 threshold would be the value of the item or the purchase price. Councilmember Peppe added that he believed the seller receives quite a bit less money for an item than the secondhand dealer would sell it for, and expressed concern that the $25 threshold could occur on items which have a much higher value and could very likely have been stolen. Detective Karris responded that a lot of sporting goods equipment was lost and stolen. He also had a concern with Brooklyn Center adopting an ordinance with a $25 threshold when the Minneapolis ordinance is $15. Councilmembers agreed that the $15 threshold would be acceptable. City Manager McCauley said the City had been working on this ordinance amendment for almost a year, having already received input from Mr. Johnson during meetings with the City Attorney and Police Department. Mr. McCauley recommended the City Council adopt the ordinance amendment as a starting point and changes could be reviewed at a later time based on actual experience with the ordinance. A lengthy discussion ensued regarding photographic recordkeeping and daily reporting requirements for secondhand goods dealers. Councilmember Hilstrom inquired of the purpose of a photographic record of the person selling the item. City Manager McCauley responded that if a case would go to court you must be able to connect the transaction to the person. 10/13/98 -6- Detective Karris explained that a photocopy of a picture ID is not good quality, people can look very different, and the picture ID could be stolen which would provide no photograph of the seller at all if the items were stolen. A photographic record serves a dual purpose to protect the business in a robbery as well as assist the Police Department. City Manager McCauley said this ordinance amendment has been an effort of many months of review and study by attorneys and the Police Department. The new language would reduce the amount of recordkeeping for transactions under $15 but not provide a blanket exemption. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council. She would like to see the proposed language kept as is. She said theft is a problem and the seller should provide identification for transactions of any dollar amount. Councilmember Hilstrom inquired if the ordinance amendment included any changes to the regulations of pawnshops. City Manager McCauley responded that only technical changes were made. A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. A motion by Councilmember Peppe and seconded by Councilmember Carmody to adopt an ordinance amending Chapter 23 of the Brooklyn Center Code of Ordinances, relating to the regulation of pawnbrokers and secondhand goods dealers with the following amendments passed unanimously. Amendments were added to Section 23 -666, letter j, third line, "...any transaction reauired to be renorted under Section 23 -667_ ... and the transaction reeei record Section 23 -667, third line, " ...video recordings or transactions under $151." RANDOM ACTS OF KINDNESS (CONTINUED) Mayor Kragness announced that two nominees were present in the audience and had been missed during the presentation for Random Acts of Kindness. The two recipients of the Random Acts of Kindness certificate were: -Earle Brown Days c% Henry Dorff -Discover the Center c% Karen Youngberg 9. COUNCIL CONSIDERATION ITEMS 9a. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Kragness requested ratification from Council Members of her nomination of Gavin Wilkinson, 7221 Willow Lane North, to the Financial Commission. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to ratify the Mayor's nomination of Gavin 10/13/98 -7- i Wilkinson to the Financial Commission with term expiring December 31, 1999, passed unanimously. Mayor Kragness announced a vacancy on the Housing Commission and encouraged residents to apply. 9b. PUBLIC UTILITY DELINQUENT ACCOUNT COLLECTIONS City Manager McCauley explained that the proposed policy deals with people who sell their homes and do not pay the final water bill. If the water bill is pended for assessment before the closing, then the new property owner is responsible. A title search would produce the delinquent bill prior to closing. This policy would not require a new homeowner to pay an unpaid balance if a final water bill has not yet been pended nor paid by the previous owner. This situation happens very infrequently. 9b1. RESOLUTION AMENDING THE POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS REGARDING UNPAID ACCOUNTS OF PRIOR OWNERS RESOLUTION NO. 98 -180 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS REGARDING UNPAID ACCOUNTS OF PRIOR OWNERS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9b2. RESOLUTION AMENDING THE SPECIAL ASSESSMENT LEVY ROLL NUMBERS 14265 AND 14357 TO PROVIDE FOR THE REMOVAL OF CERTAIN SPECIAL ASSESSMENTS OF UNPAID ACCOUNTS OF PRIOR OWNERS RESOLUTION NO. 98 -181 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SPECIAL ASSESSMENT LEVY ROLL NUMBERS 14265 AND 14357 TO PROVIDE FOR THE REMOVAL OF CERTAIN SPECIAL ASSESSMENTS OF UNPAID ACCOUNTS OF PRIOR OWNERS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and 10/13/98 -8- passed unanimously. I 9c. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES RESOLUTION NO. 98-182 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9d. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RED LINE HEALTHCARE AND ITS EMPLOYEES Mayor Kragness noted that Councilmember Peppe had participated in the project and asked him to provide a report on this agenda item. Councilmember Peppe said a couple of weeks ago he, along with several other volunteers, participated in painting the home of a senior resident at 5915 Bryant Avenue North, Brooklyn Center. The volunteer painting program was part of United Way's "Week of Caring" program. RESOLUTION NO. 98 -183 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RED LINE HEALTHCARE AND ITS EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9e. APPROVAL OF MINUTES City Manager McCauley explained the minutes were removed to note a correction in Roll Call. Councilmember Lasman was announced as absent and unexcused, and her absence was excused. 10/13/98 -9- A motion by Councilmember Peppe and seconded by Councilmember Hilstrom to approve corrected minutes from the September 28, 1998, Regular Session passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn the meeting at 8:30 p.m. passed unanimously. J,4" /V1�R1�( It�LL.4�1 /1Z2t -O City Clerk Mayor U Recorded and transcribed by: Sharon Knutson 10/13/98 -10-