Loading...
HomeMy WebLinkAbout1997 03-10 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 MARCH 10, 1997 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, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. Councilmember Debra Hilstrom was absent and excused. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There were no council reports. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the February 10, 1997 -- Regular Session as printed passed unanimously. RESOLUTION NO. 97 -43 Member Carmody introduced the following resolution and moved its adoption: 3/10/97 -1- RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -08, CONTRACT 1997 -D, REFORESTATION OF 1996 STREET IMPROVEMENT AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -44 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -45 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES Mechanical Systems Northwestern Service, Inca 791 Hampden Avenue, St. Paul Rental Dwellinizs Initial: Dan Ista 7211 Girard Avenue North Renewal: Valley Investment & Management Humboldt Square Apartments Marcus Corporation 6415 James Circle North 3/10/97 -2- Elfreda Ploof 5319 Queen Avenue North Paul Henkel 3 012-3 018 51st Avenue North Joe and Madeliene Roche 824 69th Avenue North Taxicab Town Taxi Gerald Olson, Cab No. 100 7700 57th Avenue North, Crystal OPEN FORUM There were no requests for open forum. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTERS 35 19 AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH SAFETY MORALS AND GENERAL WELFARE: ADULT ESTABLISHMENTS City Manager McCauley explained that this item was first read on February 10, 1997, published in the official newspaper, and was being offered for a second reading and public hearing. Planning and Zoning Specialist Ron Warren stated that the ordinance amendment would provide for and define adult uses which would be concentrated in the Industrial Park (I -1) zoning district rather than to be dispersed throughout the commercial districts within the City. The recommended ordinance amends three separate chapters under the City Ordinances. Chapter 35, which is the City's Zoning Ordinance, establishes a new section defining "adult establishments" as well as other terms relating to adult establishments and would limit the location of adult establishments to the I -1 zoning district. The proposed ordinance would also amend Chapter 19, which relates to nuisances and petty offenses, to establish certain regulations relating to a specific category of adult establishments, that being "adult cabarets." The ordinance amendment would also amend Chapter 7 which deals with general health and sanitation regulations and would add regulations for commercial premises, buildings, and structures that may be conducive to the spread of communicable diseases. The moratorium relating to adult establishments is set to expire on March 30, 1997. Mayor Kragness noted that no applications had been received thus far for adult establishments in Brooklyn Center. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. Dan Remiarz, 6201 June Avenue North, spoke in opposition to having these kind of businesses 3/10/97 -3- in Brooklyn Center. Mr. McCauley stated that the City was not fostering these kind of establishments, but was trying to restrict them as much as was legally defensible. Rosemary Gordon, 6666 Xerxes Place North, asked Mr. Warren to clarify the map depicting the proposed area allowing these establishments. John Yelich, 1721 Irving Lane North, asked if businesses presently in this industrial area approve of the City's proposed plan to allow adult establishments. Mr. McCauley noted that privately -owned businesses don't have to rent space to adult businesses if they don't want to. Alan Helfinstine, 6907 Oliver Avenue North, expressed concern about the berms on 69th Avenue and possible pedestrian traffic into this industrial area. He suggested a fence be erected to control pedestrian traffic. Councilmember Lasman asked if the City could legally limit the number of adult establishments in this proposed area. Mr. McCauley responded that the zoning code does not limit the number but reflects the Planning Commission's view that the City be the most restrictive it can be given that total prohibition of these establishments is not possible. City Attorney Charlie LeFevere stated that anti -trust and First Amendment issues might be involved when trying to limit the number of these type businesses. Councilmember Peppe asked if we can further restrict these businesses by limiting their proximity to residential areas and limiting their distance from other such businesses. Mr. LeFevere responded that certain limitations might be permissible, so long as there was a reasonable outlet for this expression (constitutional law). Mr. Warren again explained the view of the Planning Commission in choosing a concentration type model (proposed use located in a certain area) versus a dispersion model (proposed use located throughout community). Councilmember Peppe asked if the City would be issuing licenses for these establishments. Mr. McCauley said no, as the City doesn't want to be on record as approving this type of business. Mr. McCauley also suggested that, from a zoning standpoint, separation and screening issues could be dealt with. Councilmember Carmody asked about beer /wine restrictions and the issue of alcohol in these adult establishments. Mr. LeFevere responded that the City's liquor license code already disallows public nudity, however, the restriction does not occur in the beer /wine section of the code. Councilmember Carmody asked about any conflict over use of parcels in this proposed area should ownership change. Mr. Warren stated that the I -1 zone already has the biggest buffer 3/10/97 -4- to residential areas and has extensive screening already built into the zoning code. Also, the City prohibits access to this area off of 69th Avenue. A motion was made by Councilmember Carmody to direct staff to amend the wine license and beer license sections of the liquor code to prohibit nudity on the licensed premises. The motion was seconded by Councilmember Peppe and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 97 -03 Member Carmody introduced the following' ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 35, 19, AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE: ADULT ESTABLISHMENTS The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NOS 1997 -04 05, AND 06 FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Engineer Scott Brink introduced the proposed improvements to roadway, storm drainage, and utilities along France Avenue from 69th Avenue North to 73rd Avenue North (City limits). The project proposes to reconstruct the roadway with new bituminous surfacing, add concrete curb and gutter, provide upgrades to existing utilities, provide a stand -by emergency water connection with the City of Brooklyn Park, and improve drainage. In accordance with the City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The Council's 1997 residential rate for street reconstruction is $2,000 per parcel. The rate for storm drainage improvements is $650 per parcel. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. Councilmember Carmody asked about street lighting in the project area. Mr. Brink responded by saying that lighting was essentially sufficient, but one additional light might be added at an unlit corner in the area. 3/10/97 -5- Dan Remiarz, 6201 June Avenue North, asked how the sanitary sewer lines were replaced. Mr. Brink explained how relining work is done in areas where replacement was difficult due to the depth of the lines. Mayor Kragness asked if there would be diminished flow; Mr. Brink said no. Mr. Brink also noted that the relining process has been used for years. Will Krogh, 7119 France Avenue North, asked about chokers and parking being allowed on one side of street, as is the present way. Councilmember Carmody responded that it would be redone as it currently is. Delbert Beecher, 7037 France Avenue North, asked if owners could have a turnaround area paved on their private property. Mayor Kragness suggested Mr. Beecher talk to Mr. Brink. Mike Rediske, 7018 France Avenue North, questioned the City assessing affected property owners for these improvements when France Avenue is a Minnesota State Aid roadway. Mr. Rediske also believed that by fixing France Avenue, more traffic would travel this route. Public Services Director Diane Spector responded by saying the City's policy for special assessments dates back to 1964, and these improvements do indicate an increase in property value, therefore, are justifiable. Mr. Spector also said that unless there is new housing in this area, France Avenue should not see increased traffic flow after reconstruction of the roadway. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97-46 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PUBLIC HEARING ON PROPOSED USE OF FUNDS FOR 1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM City Manager McCauley explained the staff recommendation for housing and community development needs and priorities of the City and Urban Hennepin County and the City's proposed use of the 1997 Urban Hennepin County Community Development Block Grant 3/10/97 -6- Program planning allocation of $247,856. The following proposed activities with the 1997 Urban Hennepin County CDBG funds start on or about July 1, 1997: Rehabilitation of private property $ 60,000 Household Outside Maintenance for the Elderly (H.O.M.E.) $ 7,000 53rd Avenue Development and Linkage Project $180,856 Mr. McCauley noted that CEAP (Community Emergency Assistance Program, Inc.) and CASH (Community Action for Suburban Hennepin) had each made requests for consideration of block grant funds. CEAP had requested $5,000, and CASH had requested $6,000. These two requests were not included in the proposed CDBG budget. Councilmember Carmody stated that since the Council agreed last year (in discussions of social service monies allotted in the 1997 Proposed General Budget) not to fund LEAP, she said neither CEAP nor CASH should be granted CDBG monies at this time. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. Mike Czarnik, representing CASH, discussed three programs which are widely used by residents of Brooklyn Center: the tenant hotline, foreclosure prevention program, and home ownership program. He stated that funding for CASH at present comes from CDBG grants from other cities and state grants. I A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the public hearing passed unanimously. RESOLUTION NO. 97-47 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 3/10/97 -7- COUNCIL CONSIDERATION ITEMS Mayor Kragness expressed appreciation of TGI Friday's and its donation of $2,710 to the DARE program of Brooklyn Center. HERITAGE FESTIVAL REQUEST Councilmember Carmody noted a recent editorial written by Duane Ostlund inaccurately reported the vote of the Council at the previous Council meeting. The Council had tabled the request to receive additional information. The Council had not decided whether to fund or not fund the request at its last meeting. The Council has still not received any documentation or written request for funds for the Heritage Festival. Councilmember Peppe agreed with Councilmember Carmody that the Ostlund editorial was misleading. Mayor Kragness asked how the Council could say no to the request. Councilmember Carmody said that the Council has denied requests in the past from groups who applied through proper procedures; the Heritage Festival never even applied. Councilmember Lasman stated that she assumed there may have been a mistake or misunderstanding, and that the Council should move on at this point and consider funding $500 to the Heritage Festival for next year as a good tool to promote a positive image. Mayor Kragness again spoke in favor of funding the Festival as a worthwhile event. Councilmember Carmody stated that no one had argued the Festival being a worthwhile event, but they didn't apply for funding as they should have done. Mayor Kragness stated this funding request should be included in the budget for 1998. A motion was made by Councilmember Carmody to include $500 as a line item in the budget for next year. The motion was seconded by Councilmember Lasman, and passed on a vote of Councilmembers Carmody and Lasman and Mayor Kragness voting aye; Councilmember Peppe voted nay. LIQUOR LICENSE REFUND REQUEST City Manager McCauley outlined the results of surveying neighboring cities on their liquor license refunds. The survey indicated that most cities surveyed had a similar policy to Brooklyn Center's or a policy of no refunds. Councilmember Peppe questioned the refund policy of area cities, to which Mr. McCauley responded. Mr. McCauley further stated that there were arguments to both sides of this issue. 3/10/97 -8- Councilmember Carmody suggested leaving the liquor license policy as is and not granting a pro -rata refund of license fee paid. Councilmember Peppe also spoke in opposition to a pro -rata refund but wondered about transference of a liquor license should this business decide to relocate in Brooklyn Center. Mayor Kragness agreed with Councilmember Peppe that we should look at this issue of transfer of license. Mr. McCauley stated that he would direct staff to address this issue. SET DATE AND TIME FOR COUNCIL WORK SESSION City Manager McCauley suggested scheduling a work session to discuss the Marquette study with James Klas of the preliminary conclusions and recommendations from Phase I and II and for the EDA to provide direction to Mr. Klas for the remaining phases of his study. A motion was made by Councilmember Carmody to schedule a work session for 7 p.m. on Monday, March 31, 1997. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL City Manager McCauley explained that the City of Brooklyn Center is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ( "MPRS "), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court. The court found in 1994 that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act. In 1996, the court made the defendants subject to the continuing jurisdiction of the court until January 1, 2004. Said orders establish standards for review of employee selection procedures which will be extraordinarily difficult to satisfy. In addition, said orders may be cited as a precedent in future challenges to employee selection procedures of Minnesota cities which will be defended by the League of Minnesota Cities Insurance Trust (LMCIT). The City and other defendant cities may have future employment practices challenged in the context of the Action under the continuing jurisdiction of the court, which will be defended by the LMCIT. It would be advantageous to the City, the defendant cities in the Action, and all other cities in Minnesota if the Action could be successfully challenged on appeal. The City could request the LMCIT to appeal the Action to the Minnesota Court of Appeals on behalf of the City. 3/10/97 -9- RESOLUTION NO. 97 -48 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AMENDING THE 1996 AND 1997 GENERAL FUND BUDGETS TO CARRY FORWARD AN APPROPRIATION OF $44.718 FOR THE COMPREHENSIVE PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT City Manager McCauley explained that an appropriation of $40,000 was provided in the 1995 budget to begin a project to update the City's Comprehensive Plan. The appropriation was carried forward to 1996 by Resolution No. 96 -26. An additional appropriation of $10,000 was included in the 1996 budget to complete the project for a total cost of $50,000. Work on the plan began in mid -1996 and services totaling $5,282 were rendered by BRW. The Comprehensive Plan will be completed in 1997. RESOLUTION NO. 97-49 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1996 AND 1997 GENERAL FUND BUDGETS TO CARRY FORWARD AN APPROPRIATION OF $44,718 FOR THE COMPREHENSIVE PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION CLOSING THE TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE REFUNDING TAX INCREMENT BONDS OF 1992 DEBT SERVICE FUND City Manager McCauley explained that this resolution closed a debt service fund which handled the expenditures related to the payment of principal and interest costs of tax increment bonds that were issued in 1985. By 1992, it was possible to sell bonds at a much lower interest rate. But the bonds sold in 1985 had an option to call them for early payment which couldn't be exercised until February 1, 1996. So, the bonds were sold in 1992 to lock in a low interest rate and the proceeds placed in escrow until the 1985 bonds could be called. That event happened as scheduled on February 1, 1996. 3/10/97 -10- The 1996 budget anticipated this event, including the transfer of an accumulated surplus of $173,634 from the Tax Increment Bonds of 1985 debt service fund to the Refunding Tax Increment Bonds of 1992 debt service fund. The actual surplus will be somewhat larger when interest earned during 1996 is allocated. RESOLUTION NO. 97-50 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CLOSING THE TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE REFUNDING TAX INCREMENT BONDS OF 1992 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS City Manager McCauley reported that checks totaling $1,866.09 made payable to the City of Brooklyn Center during the year 1995 are uncollectible. RESOLUTION NO. 97-51 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE City Manager McCauley reported that there are several outstanding accounts receivable balances that staff have deemed uncollectible, totaling $1,291.63. Efforts to collect the outstanding balances have been unsuccessful due to bankruptcies, change in property owners, or changing addresses without notifying the City of a forwarding address. RESOLUTION NO. 97 -52 Member Carmody introduced the following resolution and moved its adoption: 3/10/97 -11- RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO 3 City Manager McCauley explained that setting a date for a hearing on modifying Tax Increment District #3 would re -start the process that was abandoned at the end of 1996. That process would remove several parcels from District #3 and then reinstate them at their current market value. As discussed last year, the area around and including Brookdale has a current negative net tax capacity. In order to position this area for redevelopment and capture that redevelopment potential in 1998, it is necessary to modify the district prior to school levies being set so that the modification would not adversely impact school districts. RESOLUTION NO. 97-53 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 i The motion for the adoption of the foregoing resolution was duly seconded b member Pe g g Y Y PP e and passed unanimously. RESOLUTION AMENDING THE JOINT POWERS AGREEMENT -_FIRE TRAINING ASSOCIATION TO ALLOW ANY MEMBER TO ACT AS AGENT FOR CONSTRUCTION AT THE FRIDLEY TRAINING SITE City Manager McCauley explained that this amendment to the Joint Powers Agreement - Fire Training Association would permit any of the parties to function as "agent for construction" as that term is defined in the agreement. RESOLUTION NO. 97-54 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE JOINT POWERS AGREEMENT - FIRE TRAINING ASSOCIATION TO ALLOW ANY MEMBER TO ACT AS AGENT FOR CONSTRUCTION 3/10/97 -12- AT THE FRIDLEY TRAINING SITE The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION CLOSING THE DISEASED TREE REMOVAL FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND City Manager McCauley explained that the Diseased Tree Removal Fund was established in the 1970s to properly segregate the costs of Dutch Elm disease tree control activities. Since the incidence of this disease has decreased and property owners are contracting out their own tree removal costs, the need for this fund was eliminated. RESOLUTION NO. 97-55 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CLOSING THE DISEASED TREE REMOVAL FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 8:55 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 3/10/97 -13-