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HomeMy WebLinkAbout2004 04-12 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 APRIL 12, 2004 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 at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. 2. INVOCATION A moment of silence was observed. 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, Community Development Director Brad Hoffman, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 04/12/04 -1- 6. COUNCIL REPORT Councilmember Niesen reported that she attended the Legislative Breakfast and Congressman Ramstad's Town Meeting. Councilmember Lasman reported that on March 23, 2004, she attended a Domestic Violence Workshop; on March 29, 2004, she judged an art contest; on April 5, 2004, she along with the Council attended the joint meeting with Brooklyn Center Commission Chairs; and on April 6, 2004, she attended Congressman Ramstad's Town Meeting in Coon Rapids. Mayor Kragness reported that she attended the Legislative Breakfast and expressed thanks to the North Metro Mayors Association for sponsoring the Legislative Breakfast. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the March 15, 2004, joint work session with Brooklyn Park City Council, and the March 22, 2004, study, regular, and work session meeting minutes. Councilmember Bob Peppe abstained. Motion passed. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Masters 5885 149 Street West, Apple Valley Centerpoint Energy MGCO 13562 Central Avenue NE, Anoka Changing Climates, Inc. P.O. Box 491056, Minneapolis Complete Mechanical 1303 1 St Street NE, Buffalo Ditter, Inc. 820 Tower Drive, Medina Flare Heating 9303 Plymouth Avenue North, Golden Valley Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes Knight Heating & Air 13535 89 Street NE, Otsego Pierce Refrigeration 19202 nd Avenue South, Anoka PRS Mechanical P.O. Box 68111, Minneapolis SBS Mechanical 7160 Madison Avenue West, Golden Valley Suburban Air 1290 B Osborn Road NE, Fridley Total Comfort 12800 Highway 55, Plymouth 04/12/04 -2- MOTOR VEHICLE DEALERSHIP Brookdale Honda 6801 Brooklyn Boulevard Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Iten Chevrolet Company 6701 Brooklyn Boulevard RENTAL Renewal: 180770 th Avenue North - Rebecca Thomley 6037 Brooklyn Boulevard (11 Units at Northbrook Apts) - N B Properties LLP 5801 Dupont Avenue North - John & Joan Ford 5200 France Avenue North - Christian Knutson 6100 Summit Drive (140 Units at Earle Brown Terrace) - Lang- Nelson Associates 7240 West River Road (7 Units) - Nedzad Ceric 5207 Xerxes Avenue North (12 Units) - Dennis Bona Initial: 3200 64 Avenue North - Keith McConnell 132367 th Lane North - Terry Hartmann 1300 68 Lane North - Terry Hartmann 7211 Camden Avenue North -David Berhanu 6835 Colfax Avenue North - Adeyinka Badewa 6101 Dupont Avenue North - James Hunnicutt 6120 Lilac Drive North - Nita Morlock 6500 Willow Lane - Brett Hildreth 7029 Willow Lane - Wayne LaFore 5901 York Avenue North - Paul & Dorthea Harris SIGNHANGER Amtech Lighting Services 6077 Lake Elmo Avenue North, Stillwater TOBACCO RELATED PRODUCT Etc Etc Etc 1120 Brookdale Center 7c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004-52 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004 - H, SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 04/12/04 -3- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ADDITIONAL FIRE HOSE RESOLUTION NO. 2004-53 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ADDITIONAL FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7e. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY HENNEPIN COUNTY BROOKDALE REGIONAL CENTER, 6125 SHINGLE CREEK PARKWAY, FOR AN EVENT TO BE HELD MAY 6, 2004 A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve application and permit for a temporary on -sale liquor license submitted by Hennepin County Brookdale Regional Center, 6125 Shingle Creek Parkway, for an event to be held on May 6, 2004. Motion passed unanimously. 7.5 APPEARANCE - GUNILLA BJORKMAN -BOBS, NORTHWEST HENNEPIN HUMAN SERVICES COMMISSION Gunilla Bjorkman-Bobb, representing the Northwest Hennepin Human Rights Coalition Art Contest, addressed the Council to discuss the annual art contest sponsored by the Northwest Hennepin Human Rights Coalition. This year's theme was Kids Make a World of Difference and consisted of 100 pieces of artwork from 6 7 and 8 graders. The top twenty are being displayed at surrounding areas with the top three marked for first, second, and third place. First place was awarded to Krista Kaput, 8th grader from Sandburg Middle School in Minneapolis;. second place was awarded to Eugene Notovich, 8th grader from Plymouth Middle School; and third place was awarded to Natalie Jin, 8 th grader from Plymouth Middle School. Ms. Bjorkman-Bobb informed that the artwork could also be viewed on the Minnesota Department of Human Rights website: www.humanrights.state.mn.us. Ms. Bjorkman -Bobb expressed thanks to the City of Brooklyn Center for supporting the art contest. 04/12/04 4- 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS City Manager Michael McCauley discussed that this ordinance amendment had been prepared to incorporate changes from the 2003 Legislative Session and removes the restrictive language from the ordinance to be in compliance with the new Legislation. Since that preparation and the approval of the first reading, the City Attorney had advised that the requirement for insurance is not permissible and before the Council this evening is an amended ordinance for public hearing and Council approval. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-06 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. 73 AVENUE NORTH PROJECT IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2004-06, CONTRACT 2004 -C, 73" AVENUE NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004-06, CONTRACT 2004 -C, 73 AVENUE NORTH STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS 04/12/04 -5- Public Works Director /City Engineer Todd Blomstrom outlined the 73 Avenue Project improvements that include roadway, storm drainage, and utility improvements along 73 Avenue between Humboldt Avenue and Penn Avenue. The Council previously established this project on January 12, 2004, by Resolution No. 2004 -01, and received the feasibility report on March 8, 2004. The two public hearings to be held this evening would first order the improvements and authorize development of plans and specifications and the second would consider certification of proposed special assessments for Improvement Project No. 2004 -06. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-54 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2004-06, CONTRACT 2004 -C, 73 AVENUE NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004-55 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004 -06, CONTRACT 2004 -C, 73 AVENUE NORTH STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS 04/12/04 -6- 1 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2004-006 SUBMITTED BY STEVE LEWIS (HERTZ). REQUEST FOR A SPECIAL USE PERMIT TO OPERATE AN AUTOMOBILE RENTAL AND LEASING OPERATION WITH OUT OF DOOR STORAGE OF VEHICLES AT 6201 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 25, 2004, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2004 -06 submitted by Steve Lewis requesting a Special Use Permit to operate an automobile rental and leasing operation with out of door storage of vehicles at 6201 Brooklyn Boulevard subject to the following conditions: 1. The Special Use Permit is granted for an automobile rental and leasing operation with incidental outdoor storage of vehicles and a washing and vacuuming service bay only. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. Building plans for tenant remodeling and an overhead door shall be reviewed and approval by the Building Official prior to the issuance of building permits. 3. There shall be no service, repair or maintenance of leased of stored vehicles on the site other than the washing and vacuuming of vehicles comprehended under the approval of this Special Use Permit. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the storage and display of vehicles on this site other than that which is authorized under administrative permits. 5. The site shall be provided with 101 landscape points consistent with the city's Landscape Point System. A landscape plan indicating such compliance shall be submitted prior to the issuance of the Special Use Permit for this auto rental and leasing operation. 6. All outside trash facilities shall be completely screened from view using appropriate opaque materials. An appropriate plan shall be submitted prior to the issuance of the Special Use Permit for this auto rental and leasing operation. 04/12/04 -7- 7. A site performance agreement and a supporting financial guarantee (based on cost estimates) shall be submitted prior to the issuance of the Special Use Permit to assure the completion of the required site improvements. 8. The Special Use Permit is subject to all applicable codes, ordinances and regulations. pp � Any violation thereof may be grounds for revocation. Councilmember Niesen asked about the landscaping plan for this location and the vacant land at the corner of 63 and Brooklyn Boulevard. Planning and Zoning Specialist Ron Warren discussed that the landscaping was not part of the plan for this location; however, since the application was submitted some recommendations have been made. The vacant land at the corner of 63 and Brooklyn Boulevard will be considered with the landscaping of the Brooklyn Boulevard project. Councilmember Carmody inquired about the signage with the Special Use Permit. Mr. Warren discussed that the signage is based on square footage that they will be allowed one freestanding sign and are entitled to a wall sign on their tenant area. Mayor Kragness asked about the storage area for the vehicles. Mr. Warren informed that the storage area would be in the north rear parking lot. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2004 -06 subject to the conditions listed above. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYOR'S PROCLAMATIONS RECOGNIZING EAGLE SCOUT TROOP MEMBERS DANIEL BURNS AND ZACHARY RAWSON Mayor Kragness read the Proclamations recognizing Eagle Scout Troop Members Daniel Burns and Zachary Rawson. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the proclamations. Motion passed unanimously. 10b. RESOLUTION EXPRESSING APPRECIATION TO THE BROOKLYN CENTER ROTARY FOR THEIR DONATION OF $6,000 FOR THE POLICE DEPARTMENT'S PURCHASE OF DEFIBRILLATORS Mayor Kragness discussed that the Brooklyn Center Rotary had donated $6,000 for the Police Department's purchase of automatic external defibrillators. This resolution would acknowledge the donation with gratitude and appropriate the donation to the corresponding activity budget. 04/12/04 -8- RESOLUTION NO. 2004 -56 Councilmember Peppe introduced the amended resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION TO THE BROOKLYN CENTER ROTARY FOR THEIR DONATION OF $6,000 FOR THE POLICE DEPARTMENT'S PURCHASE OF DEFIBRILLATORS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. PROCLAMATION DECLARING APRIL 17, 2004, AS "DO." DAY Mayor Kragness read the Proclamation Declaring April 17, 2004, as "Do." Day. Councilmember Lasman discussed that the Shingle Creek Watershed Clean Up Event will be held on April 17, 2004, and would be a reat opportunity to participate in "Do." Da g Pp Y . p p Y A motion by Councilmember Lasman, seconded by Councilmember Niesen to adopt Proclamation Declaring April 17, 2004, as "Do." Day. Motion passed unanimously. 10d. PROCLAMATION DECLARING APRIL 22, 2004, EARTH DAY IN BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring April 22, 2004, Earth Day in Brooklyn Center. A motion by Councilmember Lasman, seconded by Councilmember Niesen to adopt Proclamation Declaring April 22, 2004, Earth Day in Brooklyn Center. Motion passed unanimously. 10e. LOCOMOTIVE HORN PLAN Mr. McCauley discussed that the recommendation would be to authorize hiring SEH to conduct technical work and provide assistance in preparing and seeking authorization to create a quiet zone at the Azelia railroad crossing and that the work would be coordinated by Mr. Blomstrom and then in turn coordinated by Mr. Boganey with respect to the publication requirements and interfacing with legal drafting, etc. Under the proposed plan, SEH would be engaged as soon as possible and work would commence to be prepared to submit an application to the Federal Government as soon as would be possible which is anticipated to be in December of 2004. Councilmember Niesen asked if the Minnesota Department of Transportation (Mn/DOT) could be asked to reimburse the City the estimated budget of $2,000 for this plan. Mr. McCauley discussed that he believes that would not be granted since this plan does not relate to the actual construction; however, we can inquire if Mn/DOT would act on any reimbursements. 04/12/04 -9- A motion by Councilmember Niesen, seconded by Councilmember Carmody to authorize SEH to conduct technical work and provide assistance in preparing and seeking authorization to create a quiet zone at the Azelia Avenue crossing. Motion passed unanimously. 10L RESOLUTION RELATING TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT Mr. McCauley discussed that this resolution would authorize the execution and delivery of an amended Joint and Cooperative Agreement relating to the Northwest Hennepin Human Services Council ( NWHHSC) and recommends that it is necessary and desirable that the agreement be amended to clarify certain procedures of NWHHSC including requiring member parties to give notice of their intent to leave the NWHHSC. Council discussed the revised language and who is participating in this joint agreement. Mr. McCauley informed that he believes other than the City of Brooklyn Park, Plymouth and one other smaller City are not currently participating. Councilmember Niesen questioned if the Council would be discussing this issue again during the 2005 budget process. Mr. McCauley discussed that this was the discussion last month regarding social services funding for 2005. He further discussed the budget process for social services and informed that under Council Policy, the next formal review is in 2006. RESOLUTION NO. 2004-57 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION RELATING TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:50 p.m. Motion passed unanimously. law 4 City Clerk Mayor 04/12/04 -10-