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Home My WebLink About1997 05-12 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 MAY 12, 1997 CITY HALL CALL TO ORDER I 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, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION Invocation was given by Deacon Dave Holst, St. Alphonsus Church. COUNCIL REPORTS Mayor Kragness reported on recent DARE graduation ceremonies at several local schools. APPROVAL OF AGENDA AND CONSENT AGENDA A motion was made by Councilmember Carmody to approve the agenda and consent agenda with the addition of item 8.g. Disaster Relief and item 8.h. Brookdale Ponding Legislation Update. The motion was seconded by Councilmember Hilstrom and passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the April 9, 1997 - -Joint Council Session and Human Rights and Resources Commission as printed passed. Councilmember Hilstrom abstained. 5/12/97 _1 A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approved minutes of the April 14, 1997 -- Regular Session; and April 21, 1997- -Board of Equalization as printed passed unanimously. RESOLUTION NO. 97-82 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -18, WELL #10 ROUTINE MAINTENANCE The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97 -83 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1997 -09, 1997 SEALCOATING, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS I The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY A MINNESOTA CORPORATION ITS SUCCESSORS AND ASSIGNS PERMISSION TO CONSTRUCT, OPERATE REPAIR AND MAINTAIN IN THE CITY OF BROOKLYN CENTER. MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES LINES FIXTURES AND APPURTENANCES. FOR THE FURNISHING OF ELECTRIC ENERGY TO THE- CITY ITS INHABITANTS. AND OTHERS AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES City Manager McCauley explained that this is the reauthorization of the NSP franchise and was tabled from the February 10, 1997, and February 24, 1997, Council meetings. This ordinance is offered for a first reading and sets June 9, 1997, for public hearing and second reading. A motion was made by Councilmember Carmody to set June 9, 1997, for public hearing and second reading. The motion was seconded by Councilmember Hilstrom and passed unanimously. I 5/12/97 -2- I LICENSES Amusement Devices - Operator Brooklyn Center Community Center 6301 Shingle Creek Parkway Mechanical Systems Anderson Heating & Air Conditioning 4347 Central Avenue NE, Columbia Heights Brooklyn Air Heating & Air Conditioning 5801 Lyndale Avenue North, Brooklyn Center Harris Contracting Company 2300 Territorial Road, St. Paul River City Sheet Metal, Inc. 10105 Linnet Street NW, Coon Rapids Rental Dwellings Initial• David P. Wagtskjold 6854 West River Road Renewal: Irvin & Ruth Schloff 4819 Azelia Avenue North Douglas & Kathleen Williams 5107 Drew Avenue North Heidi & Lonnie Amundsen 2816 67th Lane North Sign Hanger Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park Minnesota Sign Company, Inc. 791 South Garfield Street, Cambridge Signart Company, Inc. 2170 Dodd Road, Mendota Heights Taxicab Presto Express Taxicab No. 121 6843 Colfax Avenue North OPEN FORUM Curt Lund, President of the Brooklyn. Center Police Association, requested a current needs assessment for the police and fire department in relation to the possibility of building. new facilities. Rick Arntson, 4224 Lakeside Avenue, spoke of the current parking restrictions in his neighborhood by Twin Lake. A temporary parking permit may be necessary for Mr. Arntson in order to hold a high school graduation reception at his home. Nancy Carlson, 6024 Aldrich Avenue North, asked the Council to listen to the needs of the Police Department. 5/12/97 _3_ PUBLIC HEARING AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES PROHIBITING CERTAIN ACTIVITIES AT ESTABLISHMENTS LICENSED TO SELL INTOXICATING LIQUOR BEER AND WINE City Manager McCauley explained that this item was first read on April 14, 1997, published in the official newspaper, and is offered for public hearing and second reading. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 97-06 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES PROHIBITING CERTAIN ACTIVITIES AT ESTABLISHMENTS LICENSED TO SELL INTOXICATING LIQUOR, BEER, AND WINE The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS CAPITAL IMPROVEMENTS FUND EXPENDITURE POLIO A C Y AND APITAL RESERVE FUND POLICY Financial Commission Chairperson Donn Escher made a presentation regarding the revision to the Capital Improvements Fund Expenditure Policy which was originally adopted by the Council in 1994. The new proposal splits the Capital Improvements Fund into two funds with a separate policy to govern the operation of each. Councilmember Hilstrom left the Council table at 7 :39 p.m. She returned to the table at 7:41 p.m. 5/12/97 -4- City Manager McCauley suggested that a more appropriate name for the capital reserve fund might be the Capital Reserve Emergency Fund, as suggested by Mr. Escher, since the funds are designated for emergency purposes. RESOLUTION NO. 97-84 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY, THE CAPITAL RESERVE EMERGENCY FUND POLICY, CREATING THE CAPITAL RESERVE EMERGENCY FUND, AND TRANSFERRING MONEYS FROM THE CAPITAL IMPROVEMENTS FUND TO THE CAPITAL RESERVE EMERGENCY FUND The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACKNOWLEDGING DONATION FROM THE MEDTRONIC FOUNDATION FOR VOLUNTEER PROJECTS Council-member Carmody and Mayor Kragness expressed thanks to Medtronic Foundation for their generous donation of $200 on behalf of Diane Swanson's volunteer work with the Adopt - A- Park/Trail/Street program. RESOLUTION NO. 97 -85 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATION FROM THE MEDTRONIC FOUNDATION FOR VOLUNTEER PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. UTILITY BILLING COLLECTION PROCEDURES City Manager McCauley explained that staff had prepared a policy for carrying out the concept of relying upon special assessments as the primary means of collecting delinquent utility bills and of requiring the owners of rental residential properties to have the utility bill in the owner's name. 5/12/97 -5- RESOLUTION NO. 97 -86 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES RELATING TO THE COLLECTION OF WATER AND SEWER CHARGES City Manager McCauley explained that this item is offered for a first reading and sets June 9, 1997, for public hearing and second reading. This ordinance amendment would establish procedures for determining and collecting on customer charges consistent with the adopted rate schedules. A motion was made by Councilmember Carmody to set June 9, 1997, for public hearing and second, reading. The motion was seconded by Councilmember Lasman and passed unanimously. SET DATE AND TIME FOR TOWN MEETING REGARDING BUILDING NEEDS A motion was made by Councilmember Hilstrom to set a date of Wednesday, May 28, 1997, 7 p.m., as a Town Meeting in Constitution Hall at the Community Center. The motion was seconded by Councilmember Carmody and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS FACILITIES City Manager McCauley explained that this ordinance is offered for a first reading and sets June 9, 1997, for public hearing and second reading. This ordinance amendment was recommended by the Planning Commission and establishes provisions regulating telecommunications towers and telecommunications facilities. The proposed ordinance amendment defines telecommunications towers and telecommunications facilities and regulates the placement, construction, and modification of such towers and facilities in order to protect the health, safety, and welfare of the public yet not to interfere with the development of competitive wireless telecommunications within the City. 5/12/97 -6- A motion was made by Councilmember Lasman to set June 9, 1997, for public hearing and second reading. The motion was seconded by Councilmember Carmody and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN R -1 AND R -2 DISTRICTS City Manager McCauley explained that this ordinance is offered for a first reading and sets June 9, 1997, for public hearing and second reading. This ordinance amendment was recommended by the Planning Commission and prohibits connection of sanitary sewer to accessory buildings in R -1 and R -2 zoning districts. Rex Newman, Planning Commission member, suggested that the current zoning policy on accessory buildings be reviewed by the Planning Commission. A motion was made by Councilmember Hilstrom to table this issue. The motion was seconded by Councilmember Carmody and passed unanimously. DISASTER RELIEF City Manager McCauley explained that FEMA (Federal Emergency Management Association) has offered to reimburse public agencies for extraordinary costs incurred during the recent flood. Mr. McCauley will be responsible for executing the agreement with FEMA on behalf of the City. RESOLUTION NO. 97 -87 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A SUB -GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR DISASTER RELIEF The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. BROOKDALE PONDING LEGISLATION UPDATE City Manager McCauley noted the progress in the Legislature for funding of the Brookdale Ponding bill due to the efforts of Speaker Carruthers and Senator Scheid. 5/12/97 -7- I ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 7 :58 p.m. passed unanimously. J - k City Clerk Mayor Recorded and transcribed by: LeAnn Larson I 5/12/97 -8-