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HomeMy WebLinkAbout1996 11-12 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 NOVEMBER 12, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, Public Services Coordinator Jim Glasoe, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. REQUEST BY TROOP 401 FOR FLAG CEREMONY Boy Scout and Scout Troops 401 presented the flags and led the Council in the pledge of allegiance. COUNCIL REPORTS Councilmember Carmody noted that Evergreen Park Manor had achieved Crime Free Multi - Housing Program status as designated by the MN Crime Prevention Association. Mayor Kragness noted that Brooklyn Center and Ossea school districts had received a "Gold Medal' ranking in recognition for doing a top job producing educated graduates ready for the employment market. The Anoka- Hennepin school district had received `Blue Ribbon" designation. The three districts were among 15 in Minnesota recognized by Expansion Management magazine. 1 1/12/96 -1- APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the October 21, 1996 -- Special Work Session; October 28, 1996 -- Regular Session; October 30, 1996- -Joint Meeting with Planning Commission; and November 6, 1996 -- Special Session as printed passed unanimously. PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER 1 1996 AS NATIONAL BIBLE WEEK A motion by Councilmember Carmody and seconded by Councilmember Mann declaring November 24 through December 1, 1996, as National Bible Week passed unanimously. RESOLUTION NO. 96-217 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATIONS FROM THE BROOKLYN CENTER LIONS CLUB FOR RECREATION PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -218 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -18, ROUTINE WELL MAINTENANCE AT WELL NO. 10, APPROVING SPECIFICATIONS, AND AUTHORIZING SOLICITATION OF QUOTES The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -219 Member Carmody introduced the following resolution and moved its adoption: 11/12/96 -2- RESOLUTION APPROVING ISSUANCE OF AN ON -SALE WINE AND NON - INTOXICATING LIQUOR (BEER) LICENSE TO YUN'S RESTAURANT, INC.D.B.A./DENNY'S #6887 The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -220 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, FRIDAY'S ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following licenses passed unanimously. Christmas Tree Sales GMGSC Troop #1789 2000 57th Avenue North PQT Company 5040 Brooklyn Boulevard PQT Company 5801 Xerxes Avenue North Rental Dwellinias Initial: Sharon McGary 6812 Fremont Place North Sign Hanger Sign Source, Inc. 7801 Park Drive, Chanhassen, MN OPEN FORUM There were no requests for open forum. A motion by Councilmember Carmody and seconded by Councilmember Mann to present agenda items 9b and 9c before other agenda items passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION 11/12/96 RESOLUTION NO. 96 -221 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A City Manager McCauley outlined the change in charter language recommended by the Charter Commission to delete the requirement in the Charter that the appointment and removal of department heads require a majority vote of the Council. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 96 -16 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND SURVEY NUMBER 1377 11/12/96 -4- City Manager McCauley indicated that this was a housekeeping ordinance to facilitate construction at the TGI Friday's Restaurant and Country Suites Hotel site on Freeway Boulevard. The Council had previously approved the site plan. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Graydon Boeck, 5601 Indiana Avenue North, inquired whether City or TIF funds were used to pay to move the sanitary sewer for the development of this parcel. City Manager McCauley replied tax increment was used for the sewer line relocation. A motion by Councilmember Carmody and seconded by Councilmember Nichols to close the public hearing passed unanimously. ORDINANCE NO. 96 -17 Member Mann introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C, REGISTERED LAND SURVEY NUMBER 1377 The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. AN ORDINANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2 BLOCK 1 SANDER ERICKSON ADDITION City Manager McCauley explained the request by John & Susan Shimshock, 5435 Bryant Avenue North, to vacate a portion of a utility easement along the back line of their property line. A motion by Councilmember Nichols and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Carmody to close the public hearing passed unanimously. ORDINANCE NO. 96 -18 Member Carmody introduced the following ordinance and moved its adoption: 11/12/96 -5- AN ORDINANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2, BLOCK 1, SANDER ERICKSON ADDITION The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. COUNCIL CONSIDERATION ITEMS Councilmember Mann left the Council table at 7:18 p.m. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TONY KUEFLER FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION RESOLUTION NO. 96 -222 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TONY KUEFLER FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed; Councilmember Mann was absent. PRESENTATION BY ROGER PETERSON OF ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) REGARDING PROPERTY TAXES. FISCAL DISPARITIES. AND LOCAL GOVERNMENT AID Councilmember Mann returned to the Council table at 7:23 p.m. Roger Peterson, of the Association of Metropolitan Municipalities (AMM), gave an informational presentation on property taxes, fiscal disparities, and local government aid and how they relate to the City and its residents. AN EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS City Manager McCauley explained that this emergency ordinance would extend the moratorium on the siting of adult establishments until after the Council could meet with the Planning Commission to complete the study of Ordinance No. 95 -02. 11/12/96 -6- ORDINANCE NO. 96 -19 Member Mann introduced the following ordinance and moved its adoption: AN EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. RESCHEDULE MEETING WITH PARK AND RECREATION COMMISSION• CONSIDER SETTING NOVEMBER 18 1996 AS COUNCIL WORK SESSION City Manager McCauley requested that November 18, 1996, be rescheduled as a work session in light of the request from the Chair of the Park and Recreation Commission to reschedule the joint meeting with the Council originally set for November 18th. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to reschedule the meeting the Park and Recreation Commission and set November 18, 1996, as a Council Work Session at 7:00 p.m. at City Hall passed unanimously. Councilmember Carmody suggested the joint meeting with the Park and Recreation Commission be scheduled in March 1997. MCD STATUS REPORT City Manager McCauley reported that six MCDs have been installed in police squad cars, with the remainder to be installed soon. Training has been implemented and operation of the units is producing favorable feedback. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT - A -PARK. ADOPT -A -TRAIL AND ADOPT- A -STREET PROGRAMS RESOLUTION NO. 96 -223 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT - A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS 11/12/96 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION APPROVING FINAL PLAT RAINBOW'S GARDEN CITY ADDITION RESOLUTION NO. 96-224 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RAINBOW'S GARDEN CITY ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 12 AND 19 OF THE CITY ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND HOUSING CODE VIOLATIONS: AMENDING SECTIONS 12-1201,12-1206, AND 19 -105 A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the first reading of the ordinance and set a date of December 16, 1996, as a second reading and public hearing passed unanimously. . Councilmember Nichols commented on crime generated by drugs and inquired of City Attorney LeFevere if a zero tolerance factor could be implemented. Mr. LeFevere said criminal sanctions were already in place. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF WATERCRAFT ON TWIN LAKES ADDING NEW SECTIONS 19-1900,19-1901, AND 19 -1902 Public input was received from Mike Shapiro, 5115 Twin Lake Boulevard East; Paul Oman, 5239 Twin Lake Boulevard East; Phil Ferbuyt, 5925 Ewing Avenue North; Graydon Boeck, 5601 Indiana Avenue North; Dan Priem, 5309 Twin Lake Boulevard East; and a Crystal resident who spoke in opposition to the outlined restrictions for the use of Middle and Upper Twin Lake as formulated by the Twin Lake Use Task Force, comprised of City and law enforcement members plus at -large members from each of the three cities of Robbinsdale, Crystal, and Brooklyn Center. Bob Spies, 4715 Twin Lake Avenue, asked that existing laws be enforced. The Council consensus was to request all pertinent information and obtain copies of minutes from the task force in order to better evaluate a need for the ordinance. 11 /12/96 -8- A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table this issue until the November 25, 1996, meeting passed unanimously. SET DATE FOR JOINT MEETING WITH PLANNING COMMISSION REGARDING ADULT ESTABLISHMENTS AND-GENERAL PLANNING ISSUES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set a date of December 9, 1996, for a joint meeting with Planning Commission regarding adult establishments and general planning issues and Comprehensive Plan goals passed unanimously. 1997 UTILITY RATE STUDY Public Services Coordinator Jim Glasoe presented information regarding the request for modest rate increases in 1997 due to inflation and the need to assure that capital replacement funds are sufficient to finance capital improvements associated with the Neighborhood Street and Utility Program. The recommended rate increase for water is from $0.86 per 1000 gallons to $0.89 per 1000 gallons. This would be just under a $4 increase in the annual water bill for an average household. The recommended rate increase for sanitary sewer is from $42.50 per residence per quarter to $43.75 per residence per quarter. This would be a $5 increase in the annual sanitary sewer bill for an average household. Sanitary sewer rates and water rates both were last increased in 1994. The recommended rate increase for storm drainage is from $8.00 per residence per quarter to $8.25 per residence per quarter, or $1 per year. This increase would be sufficient to finance capital outlays and maintain an adequate cash reserve for upcoming projects. The rate increase for water and sanitary sewer hookup is adjusted annually for inflation and is recommended at three percent for 1997. There is no recommended increase in 1997 for recycling rates. RESOLUTION NO. 96 -225 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. 11/12/96 -9- RESOLUTION NO 96 -226 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTNG THE 1997 SANITARY SEWER UTILITY RATE SCHEDULE I The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO 96 -227 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO 96 -228 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 WATER AND SANITARY SEWER HOOKUP RATES The motion for the adoption n of the p foregoing re g g solution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO 96 -229 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. y 11/12/96 -10- ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn ` the meeting at 8:59 p.m. passed unanimously. rt /tiLU,3 City Clerk Mayor Recorded and transcribed by: LeAnn Larson 11/12/96 -11-