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Home My WebLink About1997 08-11 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 AUGUST 11, 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 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. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORTS There were no Council Reports. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested that the June 14, 1997 -- Regular Session minutes be removed from the consent agenda. A motion was made by Councilmember Carmody to amend the agenda and add two liquor licenses to the consent agenda under item 5.3 - Licenses, and to add item 7.i - Set Dates for City Council Meetings under Council Consideration items. The motion was seconded by Councilmember Hilstrom and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the amended agenda and consent agenda as printed passed unanimously. 8/11/97 -1- APPROVAL OF MINUTES i A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the June 25, 1997- -Work Session; and July 28, 1997 -- Regular Session as printed passed unanimously. RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM RESOLUTION NO. 97-129 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT IMPROVEMENT PROJECT NO 1997 -08 CONTRACT 1997 -D REFORESTATION OF 1996 STREET IMPROVEMENT AREAS RESOLUTION NO. 97 -130 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT 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 Hilstrom and passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -131 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 8/11/97 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Amusement Devices - Operator Toys `R Us 5425 Xerxes Avenue North Amusement Devices - Vendor Just Kiddie Rides, Inc. 12 -2 Dubon Court, Farmingdale, NY Garbage and Refuse Collection Vehicles Twin City Sanitation, Inc. PO Box 120174, St. Paul Mechanical Systems Burnsville Heating & A/C, Inc. 12481 Rhode Island Avenue South, Savage Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Suburban Air 8419 Center Drive, Minneapolis Sign Hanger Universal Signs, Inc. 1033 Thomas Avenue, St. Paul Taxicab Town Taxi, Cab No. 80 7000 57th Avenue North, Crystal Tobacco Related Product Fleming Companies, Inc. D.B.A. Rainbow Foods 6350 Brooklyn Boulevard RESOLUTION NO. 97-132 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO BROOKLYN CENTER BEVERAGE, INC., D.B.A. HOLIDAY INN The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97 -133 Member Carmody introduced the following resolution and moved its adoption: 8/11/97 -3- RESOLUTION APPROVING ISSUANCE OF AN OFF SALE NON - INTOXICATING MALT LIQUOR LICENSE TO FLEMING COMPANIES, INC., D.B.A. RAINBOW FOODS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. OPEN FORUM Dorothy Jacobson, 5837 Vincent Avenue North, and Joann Harris, 5836 Upton Avenue North, expressed concerns with conditions at Summerchase Apartments. COUNCIL CONSIDERATION ITEMS RESOLUTION COMMENDING THE WINNERS OF THE 1997 CITYWIDE LANDSCAPING AND GARDEN CONTEST City Manager McCauley commended the recent winners of the Citywide Landscape and Garden Contest. The 1997 winners are as follows: Award of Excellence -- Darnell and Allen Hancock, 5520 Fremont Avenue North Outstanding Landscape- -Jane and Robert McGowan, 6937 Oliver Avenue North Outstanding Garden - -Anna Larsen, 5425 Colfax Avenue North Special Recognition -- Patricia Scott, 6812 Grimes Place RESOLUTION NO. 97 -134 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THE WINNERS OF THE 1997 CITYWIDE LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PERSONNEL RULES AND REGULATIONS City Manager McCauley explained that this proposal would streamline the City's personnel policies by taking it out of the ordinance book and putting it into a resolution so that publication costs may be avoided when changes are made to the personnel policy either to comply with changes in Federal or State law or to make our policies more effective or relevant. 8/11/97 -4- A motion was made by Councilmember Carmody to approve first reading of An Ordinance Repealing Chapter 17, in Its Entirety, of the City Ordinance Regarding Personnel, and set a date of September 8, 1997, for second reading and public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. REGULATION OF PULL -TABS City Manager McCauley noted City Attorney Charlie LeFevere's suggested changes to Chapters 11 and 23 of the City Ordinances relating to the sale of pull -tabs, as discussed at the July 28, 1997, Council meeting. The ordinance amendment relates to the limitations on expenditures of charitable gambling proceeds and deletes the provision of the current ordinance which limits the number of organizations permitted to sell pull -tabs on a licensed premises to one. A motion was made by Councilmember Carmody to approve first reading of An Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to the Sale of Pull -Tabs, and set a date of September 8, 1997, for second reading and public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION AUTHORIZING APPLICATION FOR MULTIFAMILY SUPER REQUEST FOR PROPOSALS City Manager McCauley explained that this grant request is for the maximum amount of funds available ($175,000) for acquisition and demolition of a sub - standard multifamily housing unit, for the purpose of preparing the site to create an improved housing mix in the area. A second application under the same grant program for the equivalent amount would provide monies to assist apartment owners /managers with building corrections and improvements and other necessary improvements. This would allow the City to provide an incentive to obtain value adding improvements as a complement to our enforcement activities. Councilmember Hilstrom suggested contacting Speaker Carruthers and Senator Scheid to discuss Brooklyn Center's intention to apply for both grants. Mr. McCauley will speak with the Senator and Speaker on this issue. That input would guide the final form of the application. RESOLUTION NO. 97 -135 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR MULTIFAMILY SUPER REQUEST FOR PROPOSALS 8/11/97 -5- The motion for the adoption of the foregoing resolution was duly seconded by member Lasman 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 proposed amendment deals exclusively with accessory buildings in the R -1 and R -2 districts. The amendment consolidates all accessory building regulations into one section of the zoning ordinance. It also eliminates the 1,000 square foot limitation on the size of a single accessory building and prohibits sanitary sewer hook -ups to accessory buildings in these zoning districts. A motion was made by Councilmember Carmody to approve first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in R -I and R -2 Districts, and set a date of September 8, 1997, for second reading and public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. REPORT ON REGULATION OF SECONDHAND GOODS DEALERS City Attorney Charlie LeFevere discussed several possible amendments to the ordinance regulating pawnshops and secondhand goods dealers. Proposed amendments could include exemption of a number of additional kinds of secondhand goods dealers from the ordinance, such as goods sold at a public market (i.e., flea market), furniture which is not electronic, clothing provided no new clothing is sold, motor oil recyclers, charitable organizations selling donated goods, antiques or collectibles, used books and magazines, and secondhand sporting goods stores. Secondhand goods dealers selling goods on consignment could have somewhat relaxed requirements in that reporting to the Police Department would not be required; however, such businesses would be required to keep certain records. The Police Department is reviewing the current ordinance in order to recommend changes to more effectively control stolen goods. Additional investigation may be suggested, too. Councilmember Carmody requested documentation of goods which are often stolen. POLICE/FIRE BOND REFERENDUM City Manager McCauley asked that the Council preliminarily indicate that a special election would be called for November 4, 1997, on the bond referendum for police and fire building construction, renovation, and furnishing. The election date will be formally set at the August 25, 1997, Council meeting, and the dollar amount for the bonds will be established. This will allow time for the public to discuss and inform themselves regarding the issue surrounding the proposal. 8/11/97 -6- STAFF REPORT REGARDING POTENTIAL 1998 STREET IMPROVEMENT PROJECTS Public Services Director Diane Spector explained the proposed street improvement projects to be completed in 1998 and sought Council authorization to go forward with field work, testing, and initial surveys. The proposed projects are: the Bellvue Park neighborhood, and in the northwest corner of the City, Grimes, Halifax, Indiana, and 70th east and south of St. Alphonsus Church. Three mill and overlay projects are also proposed: John Martin Drive from T.H. 100 to Shingle Creek Parkway; James and 67th Avenues north of Freeway Boulevard; and Lee and 68th Avenues between 69th Avenue and Brooklyn Boulevard. Council consensus was to proceed with the preparatory work required. SET DATES FOR CITY COUNCIL MEETINGS A motion was made by Councilmember Peppe to set/reschedule the dates and times for City Council Work sessions as follows: Reschedule budget work session with Financial Commission from Monday, August 18, 1997, to Tuesday August 26, 1997, 7 p.m., Conference Room B, City Hall. Reschedule facilitated Council goal setting session from 9 a.m. to 8 a.m. on Saturday, August 23, 1997, at Earle Brown Heritage Center. Schedule special Council meeting to review funding partnership requests on Monday, August 25, 1997, 5 p.m., Conference Room B, City Hall. Schedule Council work session on Monday, September 22, 1997, 6 p.m., to perform annual review of City Manager. Schedule Council work session on Monday, September 29, 1997, 7 p.m., Conference Room B, City Hall. The motion was seconded by Councilmember Hilstrom and passed unanimously. 8/11/97 -7- ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:48 p.m. passed unanimously. i City Clerk Mayor Recorded and transcribed by: LeAnn Larson 8/11/97 -8-