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HomeMy WebLinkAbout2005 10-24 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 OCTOBER 24, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION A moment of silence was offered for the Invocation. 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 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 10/24/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported she attended the Shingle Creek and West Mississippi Watershed Management Commission meetings and the Earle Brown Days wrap -up meeting. Councilmember Lasman reported attending the following meetings: -October 18 — Park and Recreation Commission meeting - possibly moving striping the trails in Palmer Lake area to next year's budget - vandalism in Lions Park replacing dugouts with at -grade benches with chain -link fence back supports for higher visibility - studying various park fees and permits *October 19 — Crime Prevention meeting - annual block watch captain's recognition ceremony will be held on November 16 at 7 p.m. in Phil Cohen Room, Community Center -the business community is working with the Police Department in developing a Business Watch similar to Neighborhood Watch and will be meeting on November 4 -the Crime Prevention Program is not funded by the City, but by donations and fundraising •October 20, 2005 — Special Events Committee meeting -theme for the February 4, 2006, 95th birthday party /awards dinner will be "95 and Alive" with performance by Brooklyn Center High School Jazz Band and dance music by Dale Greenwald, tickets can be purchased at the Community Center *October 22, 2005 — Brooklyn Center Fire Relief Association Pancake Breakfast -held at Applebee's with proceeds to the Brooklyn Center Fire Prevention Program Councilmember O'Connor reported she attended the Housing Commission meeting, and she said that Chair Judy Thorbus met with the Mayor and City Manager to discuss possibly meeting with the City Council. She said the issues for 2006 are the Opportunity Site and communications with new homeowners as to how to be a good homeowner in Brooklyn Center. She stated Councilmember Carmody attended the meeting and had said that the Housing Commission might be disbanded. Councilmember Carmody responded that she did not say that. She said there was a lot more to the discussion and she had said disbanding the Commission was an option. Councilmember O'Connor said that one of the members of the Housing Commission said the Council should value the Housing Commission's input. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested removal of Item No. 7e, Provisional License Renewal — 5240 Drew Avenue North, from the Consent Agenda. 10/24/05 -2- I I Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with amendments to the October 10, 2005, Study and Work Session minutes as discussed in the Study Session and removal of Item No. 7e from the Consent Agenda to Council Consideration Item No. I Od and the following consent items were approved: 7a. APPROVAL OF MINUTES October 10, 2005, Study, Regular, and Work Session. 7b. LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave N Cutting Edge Pet Care Inc. 4900 France Ave N Pandora's Box Veterinary Clinic 4902 France Ave N MECHANICAL Automatic Garage Door & Fireplace 8900 109th Ave N, Champlin Benck Mechanical Inc 628 230th Ave, Somerset, WI RENTAL Renewal: 4619 66th Ave N Michael Barlow 6401 Scott Ave N Glen Berscheit Initial: 4006 61 st Ave N Walter Harfiel 5742 Fremont Ave N Bruce Goldberg 5528 Humboldt Ave N Bruce Goldberg 6825 -27 Noble Ave N Christian Vitale 7013 Regent Ave N Dang Yang SIGNHANGER Leroy Signs 6325 Welcome Ave N, Brooklyn Park 7e. APPROVAL TO DISPOSE OF SURPLUS FIRE RADIOS TO SMALL RURAL FIRE DEPARTMENTS IN THE STATE OF MINNESOTA 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR DOUGLAS METAL SPECIALTIES, 4906 AND 4912 FRANCE AVENUE NORTH Motion passed unanimously. 10/24/05 -3- 8. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY While each of the Council Members read the nominations, Mayor Kragness presented Random Acts of Kindness certificates to those persons who were nominated as follows: Boyce Bible, Gail and Keith Danielson, Terry Gunderson, and Janice Jungwirth. Persons who were nominated but not present were: Blain Byrd, Tom Corwin, Doris Johnson, Luis Perez Ortiz, and Bill Varhol. 9. PUBLIC HEARINGS 9a. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES RELATING TO PARKS AND RECREATION— ORDINANCE NO. 2005-10 Actin City Manager Curt Bo ane said this is the second reading on the proposed ordinance Acting tY g g Y g p P amendment that was recommended by the Park and Recreation Commission, and it includes a variety of housekeeping modifications to the City's ordinance governing the use of its parks. Councilmember Carmody moved and Councilmember Niesen seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Niesen moved and Councilmember Carmody seconded adoption of ORDINANCE NO. 2005 -10 Amending Chapter 13 of the City Code of Ordinances Relating to Parks and Recreation. Motion passed unanimously. 9b. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON- CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902, AND 35 -11— ORDINANCE NO. 2005-11 Mr. Boganey stated this is the second reading regarding the proposed amendments to the City's rental ordinance. He said the ordinance was presented to the City Council at its September 26 meeting and was published in the local newspaper. He said the changes relate to dealing with non- conforming uses and brings the City's ordinance into compliance with State Statutes, as well as changes related to withdrawal of an application prior to a license being issued. 10/24/05 -4- Councilmember Niesen moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of ORDINANCE NO. 2005 -11 Relating to Rental Dwellings and Non - Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111. Councilmember Carmody said the Housing Commission Chairperson had inquired about this ordinance amendment at the last Housing Commission meeting, and she requested that an explanation of what the change effectively does be sent to the Housing Commission Chairperson. Mr. Boganey responded affirmatively. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF PLYMOUTH — RESOLUTION NO. 2005-153 Mayor Kragness read the resolution. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -153 Expressing Appreciation for Assistance Provided by the City of Plymouth. Motion passed unanimously. 10b. PROPOSED RESOLUTION FROM NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION — RESOLUTION NO. 2005-154 Mr. Boganey said the City received materials from Northwest Suburbs Cable Communications Commission, including a resolution to support continued authority of local government regulations regarding franchising of cable services. He said there is an interest by the federal and state government to open up more opportunities for telecom businesses to operate within City limits and to provide video on demand and other services, which are very similar to cable services. He stated it is the concern of the Commission that if this legislation is adopted it could impact the City's ability to continue to provide the services that it does and to have control over those services, as well as the revenue stream that current franchise companies are required to provide to franchise cities to support public educational and governmental television. 10/24/05 -5- Rex Newman, Brooklyn Center's Northwest Suburbs Cable Communications Commission representative, addressed the Council and said the resolution is not a change in policy, but there are organizations working to get in the broadband market. He said there is discussion in the State legislature regarding freeing up the current franchise system throughout the State of Minnesota. He said the Commission's attorney thinks it is more of a threat this time than it was five years ago. He stated the Commission is looking for flexibility to keep doing what it is doing and keeping decisions made at the local level. He said the resolution is a stronger affirmation of what the Commission has been doing for about twenty years. Councilmember Lasman said protection of local authority is something that needs to be supported. She said local decisions make the most sense because local authorities understand local problems. Mr. Newman said there are other communities that could potentially benefit from some of these advanced installations, but those communities are supportive of the Commission. Councilmember Carmody stated the last time this came up, which was about eight years ago, there was the issue of digging up the side of the road to install the wiring for each cable. She said that was a problem for the City and County roads and the mess and inconvenience it would create during installation. She said the new proposed legislation does not address this issue and how they would accommodate the installation. Mr. Newman said there is language that refers to that issue about not being any more burdensome or any more favorable. Councilmember Carmody said she would be opposed to having competition because it will cost the City and residents more in infrastructure costs and the City wouldn't get the revenue from it. Mayor Kragness said this resolution is basically telling our representative in Congress that the City does not favor additional companies within our City, the loss of revenue, and the loss of coverage of cablecasting our meetings, and requests the authority regarding franchising of cable services be left at the local level. Councilmember O'Connor noted that currently the households with cable have a cable that is above ground and asked if there are three companies with a proposal for underground cable. Mr. Newman responded affirmatively. Councilmember O'Connor asked how the expenses for Channel 12 and public access television are covered. Mr. Newman said there is a five percent franchise fee and a small subscriber fee, which he said are also under review. Mr. Newman said he believes there is a misconception that if the marketplace were opened up, then the cable costs would be lowered. Councilmember O'Connor asked if Channel 12 and public access television would cease if competition were brought in. Mr. Newman said the competition would have to join the consortium 10/24/05 -6- if the Commission is able to keep its current rules. Councilmember O'Connor said it is extravagant to have a separate building for people to make their own television shows. She noted that the statistics for Channel 12 indicate a small amount, approximately 36, people watching the Council meetings. Mr. Newman responded that viewership is being reviewed, and at the last meeting there was an internet provider that presented how Council meetings could be viewed over the internet and then people could watch the meetings anytime they want. Mayor Kragness said Northwest Community Television offers educational classes at no cost and people can record their own programs. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -154 to Support Continued Authority of Local Government Regarding Franchising of Cable Services. Councilmember Carmody said the infrastructure costs could be quite high if there is a lot of competition. She stated the City shouldn't have to bear those costs and there needs to be more restrictions on it. Councilmember Niesen said the Northwest Suburbs Cable Communications Commission does a great job and had volunteered to learn how to operate a camera for some shows during the holiday season, and it is a learning experience and offers communications skills. She also stated that local control over cable access promotes and supports freedom of speech. Councilmember Lasman said it is important to retain local control to cablecast the Council meetings, which is an outreach effort for the residents that is valued. Councilmember Niesen said maybe more advertising or publicizing is needed to increase the viewership. Councilmember O'Connor voted against the same. Motion passed. loc. RESOLUTION ACCEPTING 2005 ANNUAL DEER MANAGEMENT IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY MANAGER RECOMMENDATIONS THEREIN — RESOLUTION NO. 2005- 155 Mr. Boganey said the City Council adopted a deer management plan a few years ago and there were two deer hunts, with the most recent being December 2004. He stated the hunt was not as successful as expected and, therefore, it is recommended to have another deer harvesting period but to move it into January 2006, which that will afford the bow hunters a much better opportunity to reduce the herd. He said it is also recommended that the hunt be expanded to include the Kylawn Preserve park area, as the most recent aerial survey shows the number of deer in the southeast part of the City continues to grow. 10/24/05 -7- Councilmember O'Connor referred to the report and noted there were 16 accidents with deer in Brooklyn Center in 2005. She said in the Palmer Lake area the hunters shoot into the basin area and inquired how the hunters would hunt in the Kylawn Preserve area. Mr. Boganey responded that the Police Department manages and coordinates the hunt for safety issues and works in coordination with the deer hunters, establishing the rules and perimeter. He said the proposed hunt in January will be different from last year, as it will be over bait, drawing the deer to a specific location; the hunters will be located outside the area where the deer will be drawn and the hunting will occur in that direction. Councilmember O'Connor asked how much the hunt will cost. Mr. Boganey responded that the cost for the past year was $1,800 and it should be similar next year. Councilmember Carmody said it is important to have a deer management plan and it was implemented because a number of residents complained about the damage caused by the deer and there have been accidents caused by deer. She said when the deer management plan was first implemented there were approximately 80 deer in the Palmer Lake Basin, and the City is only supposed to support 15 to 20. She said the DNR does not allow the deer to be moved, so the deer management plan is the option the Council has chosen. Councilmember Lasman said the initial deer count was 80, then 20 deer were taken out in the first hunt, and last year was six. She asked, since there are still 81 deer, are they that successful in reproducing even with the reduction that they are maintaining their herd. Mr. Boganey said the general rule is each doe will carry two fawn, and last year there were only six removed. Councilmember Lasman asked if the intent of the deer management plan was to be for a five- or six - year period, at which time the deer herd would be a manageable size. Mr. Boganey responded affirmatively. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-155 Accepting 2005 Annual Deer Management Implementation Plan Report and Adopting the City Manager Recommendations Therein. Motion passed unanimously. 10d. PROVISIONAL LICENSE RENEWAL — 5240 DREW AVENUE NORTH Mr. Boganey apologized for adding this item this evening. He said the City had informed Mr. DeBellis, applicant for provisional license renewal at 5240 Drew Avenue North, that the item would be before the City Council on October 24. He said approval of the provisional license would be to allow for the extension of an additional six months on the provisional license that was previously granted in November 2004. He said a mitigation plan was presented and that plan has proven to be fairly successful and the qualifying violations are below the maximum allowable. He stated the ordinance requires that his property remain below that level for a period of twelve months before it is eligible for a regular license. 10/24/05 -8- Councilmember Lasman moved and Councilmember Carmody seconded approval of a provisional license renewal for 5240 Drew Avenue North. Councilmember Niesen said she lives in the neighborhood of this property and there has been a substantial improvement. Councilmember O'Connor asked if another report would be provided regarding the number of police calls. Mr. Boganey responded affirmatively and said the Police Department could revise the report to more clearly reflect what the activity has been. Councilmember O'Connor said the six -month provisional license had exceeded six months since it was approved in November 2004. Community Development Director Brad Hoffman responded affirmatively that the six -month provisional license expired in June 2005. Motion passed unanimously. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:59 p.m. Motion passed unanimously. " VhWXa__ kor_�� City Clerk Q Mayor 10/24/05 -9-