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HomeMy WebLinkAbout1998 07-27 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 JULY 27, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an 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, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Mr. McCauley discussed the home designs for Bellvue Lane Addition. He reviewed changes to the backs of the house designs to make them more aesthetically pleasing, and informed the Council that the neighborhood representatives are positive about the three models. Mayor Kragness questioned if these were the final plans. Mr. McCauley responded that these would be final if the Council were to approve them tonight. Councilmember Hilstrom questioned if there are residents interested in purchasing these homes. Mr. McCauley responded that Community Development Specialist Tom Bublitz has stated there has been interest. Councilmember Hilstrom questioned how much these homes would cost. Mr. McCauley responded that the price range would be from $140,000 to $160,000. Councilmember Peppe questioned if basements were included in this price. Mr. McCauley responded that these homes will have basements with an egress window, but will be unfinished. 7/27/98 -1- ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the informal open forum at 6:57 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered remembering of two Police Officers who lost their lives in Washington, D.C. 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 Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 5. COUNCIL REPORT Councilmember Lasman reported that the Cancer Walk for Life was very successful and suggested that people remember to purchase luminaries next year. Councilmember Hilstrom reported that the Neighborhood Night Out will be August 4, 1998. 6. PRESENTATION Mr. Cliff Hoffman from Deloitte and Touche was present and informed the Council the purpose for his presentation was to officially get the audit accepted into the records, and to give the audience an overview of the City's Annual Financial Report. Mr. Hoffinan reviewed graphics that were included with agenda materials for the audience discussed that the City spent $60,000 less than budgeted from last year. The City's financial performance was very positive. Mr. Hoffman discussed the following: City expenses are very consistent with public safety and with the volume of the fire department the City still saves 1.3 million dollars. 7/27/98 -2- The population and number of households in the City of Brooklyn Center are stable. The debt per capita for the City is $846 with a national average of $765. The overall performance has been consistent with the Earle Brown enterprises funds. The Police/Fire retention plan is fully funded and in good financial condition. In 1992 through 1995 was a bad market value time and since 1995 has shown a strong come back. Mr. Hoffinan discussed one question that he often gets is a five year operation budget realistic. He responded that a five year goal is better. Mayor Kragness then thanked Mr. Hoffinan for the presentation. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that the Council add Item 10h, to schedule the annual City Manager's review. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve minutes from the Regular Meeting of June 22, 1998 (which were tabled from July 13, 1998), and the Regular Meeting of July 13, 1998. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the following ist of licenses. Motion passed unanimously. . P Y GARBAGE AND REFUSE COLLECTION Browning Ferris Industries 8661 Rendova Street NE, Circle Pines MECHANICAL SYSTEMS Ace Mechanical Services, Inc. 4820 Lexington Avenue, Ham Lake Dale Huber Company 1200 West Highway 13, Burnsville Fisher -Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Flare Heating and Air Conditioning 9303 Plymouth Ave. #104, Golden Valley 7/27/98 -3- MECHANICAL SYSTEMS - Continue_ d Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Midland Heating and Air Conditioning, Inc. 6442 Penn Avenue South, Richfield Sharp Heating and Air Conditioning 4854 Central Avenue NE, Minneapolis Wencl Services, Inc. 5301 Edina Industrial Boulevard, Edina Westair, Inc. 11184 River Road NE, Hanover RENTAL DWELLINGS Renewal: Donna Goga 918 Woodbine Lane Paul Hinck 4715 France Avenue North Victor /Jean Huang 3813 72nd Avenue North 7c. ACCEPT PROPOSAL FROM PSC ALLIANCE, COMMUNICATIONS CONSULTANT FOR NEW POLICE BUILDING A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to accept proposal from PSC Alliance. Motion passed unanimously. 7d. RESOLUTION APPROVING SECTION 14 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - USE OF TAX INCREMENT FINANCING RESOLUTION NO. 98 -123 Councilmember Carmody ntroduced 1 i moved it o y the following resolution and mo d sad tion: p RESOLUTION APPROVING SECTION 14 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - USE OF TAX INCREMENT FINANCING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7e. REPORT ON THE AVERAGE AVAILABLE FINANCING PER ACTIVE FIREFIGHTER IN THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECT FOR EARLE BROWN HERITAGE CENTER PROJECT 7/27/98 -4- RESOLUTION NO. 98 -124 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECT FOR EARLE BROWN HERITAGE CENTER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7g. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997-17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND RESOLUTION NO. 98-125 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7h. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE HYDRAULIC REEL MOWER RESOLUTION NO. 98 -126 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE HYDRAULIC REEL MOWER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7i. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 7/27/98 -5- RESOLUTION NO. 98 -127 Councilmember 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 Councilmember Hilstrom. Motion passed unanimously. 7j. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -01 AND 02, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 98 -128 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -01 AND 02, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7k. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -04 AND 05, CONTRACT 1998 -E, ST AL'S NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 98 -129 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -04 AND 05, CONTRACT 1998 -E, ST AL'S NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7/27/98 -6- 71. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 98-130 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7m. APPROVAL OF GRANT APPLICATION FOR COMMUNITY ORIENTED POLICING Motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve grant application. Motion passed unanimously. 7n. RESOLUTION IN RECOGNITION OF PATRICIA WILDER'S SERVICE AS EXECUTIVE DIRECTOR FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL RESOLUTION NO. 98 -131 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION IN RECOGNITION OF PATRICIA WILDER'S SERVICE AS EXECUTIVE DIRECTOR FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. SHINGLE CREEK TOWER PUBLIC HEARING Mr. McCauley discussed that a resolution was passed calling for a public hearing and giving preliminary approval to the request of BOCA Limited Partnership for $7,200,000 in housing revenue bonds and $75,000 in Section 42 Tax Credits. 7/27/98 -7- Mr. McCauley informed the Council that he received information today from the Minnesota Housing Finance Agency which outlines information that the Council has already seen, with one difference being that Mr. Boisclair has had some discussion on the possibility of a Section 236 program roll over. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Carla Wygald, 5849 73rd Avenue North #38, Brooklyn Park addressed the Council. She is the President of Residents for Affordable Housing and Vice -Chair for Minnesota Tenants Network. She expressed that she felt that affordable housing is slipping and that it needs to stay or require management to allow vouchers in writing. She explained to the Council that presently her potential sister -in -law lives in the Shingle Creek Tower and needs to be able to continue living there. Mary Hurkman, 5113 Howe Lane, Brooklyn Center also addressed the Council. She is a Tenant Organizer for Community Action for Suburban Hennepin Home Line Tenant Advocacy Program. Ms. Hurkman expressed that she felt Shingle Creek Tower should be preserved as affordable housing, and that it is important to keep the rents low, especially with the redevelopment of Brookdale. Ms. Hurkman stated that she felt the best way to protect current residents and preserve Shingle Creek Tower would be to remain in the 236 program. Mr. Boisclair explained that he will try to keep the property at affordable housing. He has certain limitations and believes those limitations have been addressed over the past few months. Mr. Boisclair will look into the Section 236 Program as soon as the regulatory process is complete which should be around October. He would then proceed if it makes applicable sense. Councilmember Hilstrom reported that she had some discussion with the residents after the June 23, 1998 meeting at Shingle Creek Tower and residents were wondering what would happen if current residents did not qualify for vouchers under the new system. Mr. Boisclair responded that they would be able to qualify by 95% of the median income, which is an income of $35,000, and that after checking into resident files, all current residents appear to qualify. Mayor Kragness reported that she received a call from one of the residents and wanted to know if Mr. Boisclair had a meeting with the management people. Mr. Boisclair responded that they will become more involved with the management people after the resolution is passed, and will not know if they have appropriate bond authority until January 1999. Mayor Kragness also questioned Mr. Boisclair about the repairs of the property now. Mr. Boisclair responded that currently he is not the owner and that his repairs would not take place until sometime around this time next year. Residents should contact the current owners for any repairs at this time. 7/27/98 -8- Councilmember Hilstrom questioned Mr. Boisclair why he is asking the City for this money now when nothing will take place until January 1999. Mr. Boisclair responded that he has been seeking this money for about a year and needs approval to make progress with this next step. This is a critical step in the process to apply for an allocation of bonding authority in the January round of allocations. Councilmember Hilstrom questioned Mr. Boisclair if any money was coming from Boca Limited Partnership. Mr. Boisclair responded that yes they are putting what is necessary at this time and informed the Council that there will be substantial money later to come. Councilmember Hilstrom asked Mr. McCauley to explain the requirements if the property is sold. Mr. McCauley explained that conditions proposed in the resolution would become part of the bond and would last to approximately 15 -20 years. These conditions would apply, during that term, to subsequent owners. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 98-132 Councilmember Carmody introduced the following resolution and moved its adoption subject to the five conditions: RESOLUTION ADOPTING A HOUSING PROGRAM PROVIDING FOR THE ISSUANCE AND SALE OF MULTIFAMILY REVENUE BONDS IN THE APPROXIMATE AMOUNT OF $7,200,000 RELATING TO SHINGLE CREEK TOWER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Those in favor were Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe. Councilmember Hilstrom was against this motion. 9a. PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR A 20 SCREEN THEATER AT THE NORTHWEST QUADRANT OF I -694 AND T.H. 262. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION AT ITS JULY 16,1998, MEETING 7/27/98 -9- Mr. McCauley discussed the Planning Commission is recommending to approve Application No. 98015 submitted by Centres Group Brooklyn Center, LTD, to rezone and site and building plan approval through the PUD process for a 20 screen theater at the northwest quadrant of I -694 and T.H. 252. With the agenda material were Planning Commission information sheets and an area map showing the location of the property under consideration, and various sites and building plans for the proposed development. This matter was considered by the Planning Commission on June 25, 1998 and July 16, 1998 and was recommended for approval by the Planning Commission through the adoption of Planning Commission Resolution No. 98 -3. Mr. McCauley explained the rezoning request and that among conditions set forth the most important thing is the issue relating to stormwater drainage and treatment. Approval of the resolution and the proposed introduction of an ordinance to zone property as a PUD would be subject to the Watershed Management Commission review. This is anticipated to come back to the Council at the August 10, 1998 Council meeting with a specific proposal for purchasing the property and vacation of the street. Mr. McCauley reported that he received a revised plan that down sizes the theater by 60 seats which reduces the property 12 square feet and also reduces the parking area. Mr. McCauley asked Community Development Director Brad Hoffman to review the proposal and the specific site that was before the Planning Commission. Developer Mr. Birkeland discussed for the Council and the audience his background and information about the Regal Company. RESOLUTION NO. 98-133 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7/27/98 -10- A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the first reading of ordinance and set public hearing and second reading for August 24, 1998. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 98016 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE NINE PRIVATELY OWNED PROPERTIES PLUS A CITY OWNED PARCEL OF LAND AND VACATED STREET RIGHT -OF -WAY INTO THREE LOTS AT THE NORTHWEST QUADRANT OF I -694 AND T.H. 252. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION AT ITS JULY 16,1998, MEETING Mr. McCauley discussed the preliminary plat that would reflect the previously discussed planned unit development for Centres Group to create outlots and the lot that would contain the proposed theater. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve Planning Commission No. 98016 subject to the conditions recommended by the Planning Commission. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION SUBMITTING BROOKLYN CENTER COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL Mr. McCauley discussed that the City's Comprehensive Plan was previously submitted to the Metropolitan Council for review and that it had been determined the plan was incomplete and the review was suspended pending the submission of additional information. The Metropolitan Council also requested that the City adopt a resolution submitting the City's Comprehensive Plan to the Metropolitan Council for their review. Councilmember Hilstrom had some concerns regarding the density projections on future numbers of households. Mr. McCauley advised that staff has used lower numbers for households. While population may grow due to demographic changes, the number of households would not be anticipated to increase as projected by the Metropolitan Council. The Council discussed issues related to the Metropolitan Council's estimates and the City's projections and planning. Councilmember Peppe questioned if this was adopted would it be set in stone. Mr. McCauley responded that it could be clarified later and that right now he is just requesting the Council to pass the resolution and that this be brought back to the Council later. 7/27/98 -11- RESOLUTION NO. 98-134 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SUBMITTING BROOKLYN CENTER COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL The motion for the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. RESOLUTION RECOGNIZING WINNERS OF THE 1998 LANDSCAPING AND GARDEN CONTEST Public Works Director Diane Spector announced the winners for the 1998 Landscaping and Garden Contest. Best Overall Yard and Garden Fred and Yvonne Bebensee, 2913 Halifax Avenue North Best Groun/Volunteer Garden St. Alphonsus Garden Club, 7025 Halifax Avenue North Best Boulevard Garden Janet Goettsch, 805 57th Avenue North Best Backvard Flower Garden John Cariveau, 6301 Unity Avenue North Special Recognition for Water Garden Mark and Shirley Alt, 3900 56th Avenue North Special Recognition for New Landscaping Sling Family, 4018 Janet Lane Mrs. Spector then showed a video of the winners. RESOLUTION NO. 98-135 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING WINNERS OF THE 1998 LANDSCAPING AND GARDEN CONTEST 7/27/98 -12- The motion for the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. PROPOSAL FROM PEOPLE RESPONDING IN SOCIAL MINISTRY (PRISM) FOR CONTINUATION OF MEDICAL TRIP TRANSPORTATION PROGRAM FOR 1999 Mr. McCauley discussed that the Council previously had a transportation study conducted and that one of the issues identified related to providing medical transportation. A grant was received from Hennepin County that extends into Brooklyn Center providing medical transportation that will go through the end of the year. Last week a memo was received from PRISM regarding an elder express vehicle in terms of being able to provide services in 1999. They have indicated that they are looking to fund acquisition of a vehicle for which a lease is expiring and have made a proposal to provide services through January 3, 2000 if the City were to contribute $10,000 to the acquisition of the vehicle. They would find the resources to make up the balance elsewhere. Councilmember Carmody questioned how this transportation will be publicized. Mr. McCauley responded that it could be published in the next newsletter. Councilmember Hilstrom questioned if this transportation will be expanded for all of Brooklyn Center. Mr. McCauley responded that it would be available for all Brooklyn Center residents if undertaken, Councilmember Carmody questioned if the $10,000 would cover now until January 2000. Mr. McCauley responded that it would cover that entire period, though the City will get some service through the end of the year because of Hennepin County's grant, even if the City did not participate for 1999. Mayor Kragness questioned if there was going to be a phone number available for residents for this service. Mr. McCauley responded yes there would be a number available. Councilmember Hilstrom questioned what the Council's procedure or plan will be for continuing this or not in the year 2000. Will this come back at the regular Social Services Budgeting time. Mr. McCauley responded that if the Council were to undertake this, then the City would plan on reviewing it as part of the the year 2000 Budget, so the Council would review it again in May or June of 1999. Mayor Kragness agreed that is this very critical to seniors in Brooklyn Center and would certainly like to move ahead. Mr. McCauley suggested using contingency money in the general fund and that it be charged against that fund if the Council wanted to proceed. 7/27/98 -13- Councilmember Carmody questioned if a motion was needed for Council consensus. Mr. McCauley responded that if the Council is interested, he would request a motion authorizing an agreement with PRISM as outlined in their proposal and authorize the expenditure of $10,000 from the 1998 Budget from the General Contingency Fund. Councilmember Hilstrom discussed the history of transportation needs and made a motion to accept the proposal and have it come back for regular review with the regular Social Services, seconded by Councilmember Carmody. All voting in favor. Motion passed. Mr. McCauley wanted to clarify if the year 2000 is when this should come back to be reviewed with Social Services. Mayor Kragness stated yes it would be for the year 2000. 10d. REGULATION OF BARKING DOGS Mr. McCauley discussed the Council was approached regarding current regulations the City has regarding barking dogs. One of the suggestions made was that the police physically remove an annoying dog if the owner was absent to eliminate the problem which at first would seem to be reasonable. Mr. LeFevere had someone in his office review this and develop an opinion. In the absence of a warrant, they feel the City would have certain constitutional impediments to simply taking some annoying dog off the property in the absence of the owner. Councilmember Carmody questioned what happens when a complaint is received and nothing is done by the owner about the repeated barking. Mr. McCauley responded that if there was a sufficient number of times the City could address this as the dog constitutes a nuisance and get an order to take the dog. Councilmember Hilstrom questioned if the licensing for dogs was every two years, and if there was a chronic problem could it be taken care of then. Mr. McCauley responded that may be a way to approach this. 10e. STATUS OF SECONDHAND GOODS DEALER ORDINANCE Mr. McCauley discussed that Mr. Lefevere and Police Chief Joel Downer met with Mr. Johnson following his appearance before the City Council to discuss his suggestions on July 8, 1998, and was followed up with a written proposal on July 16, 1998. Mr. Lefevere and Police Chief Joel Downer did not have an opportunity to review the proposed changes to make an appropriate recommendation. They will have materials for the City Council on August 10, 1998. It is envisioned at this point that they will return to the Council the ordinance that was tabled and options based on Mr. Johnson's input and further police review. 7/27/98 -14- The purpose of this was to report back to the Council on the status following Mr. Johnson's appearance and inform them as to where this is at, and to see if the Council had any specific things for Mr. LeFevere to review in Mr. Johnson's materials. Mr. Johnson's proposal is a different approach then the one that was taken in the current ordinance. The current ordinance and the proposed changed ordinance causes everything secondhand to be covered by the ordinance unless it is exempt. These are two different ways of approaching it. With the initial proposal the problem is if something comes a long that is innocent, the ordinance would have to be changed to exempt the items, then conversely if something comes along that needs to be regulated because of an issue, the ordinance would have to be amended under Mr. Johnson's proposal. Many of the things appear to be similar, but one of the items that is not included in Mr. Johnson's proposal from what had been developed before is taking a picture of the person who is going to the secondhand store to sell their item. That is an issue Mr. LeFevere is going to look at in terms of some mid -point between having to take a picture and making a photo copy of the picture identification that was used. Councilmember Carmody had two comments. The first was that she did not like the way it was written before. She felt that it was very negative and too hard to read. The second thing was on the secondhand goods dealer portion of Mr. Johnson's proposal, the definition was unclear and she was wondering if primary is a good word to use. Mr. McCauley stated he thought that was one of the weaknesses in the proposal and is a specific issue that should be addressed. RECESS The Council recessed at 9:04 p.m., and reconvened at 9:09 p.m. lot CODE ENFORCEMENT UPDATE Mr. McCauley discussed that at the present time the City is dealing with 197 reinspections. In the past there were backlogs of reinspections which created some difficultly because the the City could not let residents know that they were in compliance. Mr. McCaueey discussed the City will work through this and that while this is a slower pace than anticipated, it will help to follow through on reinspection by not getting ahead of the capacity for reinspection. Community Development has gone back and reinspected those houses that had fix up orders and had not been finished 1997. Those that have not complied are now at the City Prosecutor Bill Clelland's office for him to review. Mayor Kragness questioned how many were in compliance. Mr. McCauley responded there are about 60 to 70 homes that had orders and that they were given until June 1, 1998 for compliance. Roughly 30 plus of those were found to be out of compliance during the reinspection. 7/27/98 -15- Mr. McCauley discussed that the most common violations are junk vehicles, trash and garbage. The Neighborhood Liaison has also run into several abandoned homes where garbage and furniture has been left behind. Councilmember Hilstrom questioned Mr. McCauley about the Neighborhood Liaison going through abandoned homes. Mr. McCauley responded that the Neighborhood Liaison during this sweep has found several abandon homes and that they are taking up a lot more of her time. Mr. McCauley stated that he felt the City is having better contact with residents by having the Neighborhood Liaison personally contacting residents. Councilmember Hilstrom wanted to clarify that although it is slower, the City is going to do this all year and that it will be a full -time responsibility. Mr. McCauley responded that was correct and that the City will monitor throughout the year, especially the ones that are identified as three years in a row, and that they should be regularly reinspected. log. UPDATE ON 69TH AND BROOKLYN BOULEVARD DEVELOPMENT Mr. McCauley wanted to update the Council after the approval of the development agreement for 69th and Brooklyn Boulevard. The materials from the report indicates that the developer has contacted all of the homeowners, with the exception of one home that was forclosed and had dealt with the dental office. He has not yet dealt with Viking Enterprises and the Legions Club and indicated he will be doing that. He is working on financing, perspective tenants, and on preliminary pricing. The representation to the Council was that he would be contacting the homeowners and it appears in the report that he has followed through on this. Mr. McCauley would like to have a monthly update on the redevelopment. Councilmember Hilstrom questioned about using Eminent Domain and when it would be back before the Council. Mr. McCauley responded that if Eminent Domain was used they would have to be back to the Council by September or October. Councilmember Hilstrom questioned when the project will be begin and be completed. Mr. Hoffman responded that they should be breaking ground this coming spring, and that purchase agreements will be going out in the next week or two to home owners from the developer. Councilmember Hilstrom questioned if this project should not proceed, who would be responsible. Mr. McCauley responded that it would be the developer's responsibility. Councilmember Hilstrom asked for an update on the property across from 69th Avenue. She was unsure if that property was for sale. Mr. McCauley responded that it would be checked into. 7/27/98 -16- 10h. SET TIME AND DATE OF CITY MANAGER'S REVIEW Councilmember Carmody suggested that a date and time be set for the annual City Manager's review. It was questioned whether or not to have it this review at the August 24, 1998 Council meeting. After discussion it was determined that this review would take place on August 24, 1998 before the Council Meeting at 5:45 p.m. Mayor Krangness questioned if the format would be the same as last years, and Councilmember Lasman suggested that the short form from last year be used. Mr. McCauley will prepare review. Motion by Councilmember Lasman, seconded by Councilmember Carmody to schedule the City Managers annual review for August 24, 1998 at 5:45 p.m. 11. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 9:26 p.m. Motion passed unanimously. City Clerk Mayon 7/27/98 -17-