HomeMy WebLinkAbout2004 04-26 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 26, 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 Pro Tern Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. 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.
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 Pro
Tern Bob Peppe at 7:01 p.m.
4. ROLL CALL
Mayor Pro Tern Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director /City Engineer Todd Blomstrom, Police Chief Scott Bechthold, City Attorney Charlie
LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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6. COUNCIL REPORT
Councilmember Niesen reported that she and her family attended the Great Shingle Creek Watershed
Clean Up Event; and that she attended the Walkable Communities Workshop on April 20, 2004.
She expressed thanks and commended all of those who participated in both events.
Councilmember Carmody reported that she attended the Police Awards Ceremony and the Earle
Brown Days Committee Meeting; and noted that the Financial Commission will be meeting on April
29, 2004.
Councilmember Lasman reported that she attended the Fire Awards Ceremony on April 16, 2004, the
Great Shingle Creek Watershed Clean Up Event on April 17,2004; the Police Awards Ceremony on
April 21, 2004; and a Highway 610 meeting on April 26, 2004.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve
the agenda and consent agenda with the removal of Consent Agenda Item 7e, Resolution Expressing
Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Adopt -A-
Park/Trail /Street Program to Consideration Item 9h. Motion passed unanimously.
7a. APPROVAL OF MINUTES
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the April 5,
2004, joint work session with Commission Chairs and the April 12, 2004, study, regular, and work
session meeting minutes. Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the
following list of licenses. Motion passed unanimously.
MECHANICAL
Pfiffner Heating & Air Conditioning 6301 Welcome Avenue North, Brooklyn Park
Residential Heating & A/C 1815 East 41 Street, Minneapolis
St. Cloud Refrigeration 604 Lincoln Avenue NE, St. Cloud
Total Air Supply Inc. 541 N Wheeler Street, St. Paul
MOTOR VEHICLE DEALERSHIP
Brookdale Ford, Inc. 2500 County Road 10
Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard
SIGNHANGER
All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers
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7c. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING AWARD OF A
CONTRACT, IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004 -
G, 2004 SHINGLE CREEK TRAIL IMPROVEMENTS
RESOLUTION NO. 2004 -58
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING AWARD OF A CONTRACT,
IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004 -G, 2004 SHINGLE CREEK TRAIL
IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
7d. AN ORDINANCE VACATING A PORTION OF STORM SEWER
EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIERS 4TH ADDITION,
7006 HALIFAX AVENUE NORTH
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first
reading and set second reading and public hearing on May 24, 2004. Motion passed unanimously.
7e. RESOLUTI EXPRESSING R HE GIFT ON RESSING APPRECIATION FOR T G OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ADOPT -A-
PARK/TRAIL /STREET PROGRAM
This item was removed to Consideration Item 9h.
8. PUBLIC HEARING
8a. AN ORDINANCE AMENDING SECTION 4 -202 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING A
SPRINKLING BAN
City Manager Michael McCauley discussed that this ordinance amendment was initiated to help with
the enforcement of the sprinkling ban and that it should be noted to the Council that there is a section
in Chapter 4 (Section 4 -901) that states whoever does any act or omits to do any act which
constitutes a breach of any section of this chapter shall, upon conviction thereof by lawful authority,
be punished by a fine. A resolution would need to be adopted providing the fee structure for this
enforcement at a later date by the City Council.
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Mr. McCauley outlined that the ordinance amendment would prohibit the watering of lawns and
gardens from May 1 to September 30 each year; provided, however that odd - numbered property
addresses may water on odd - numbered days, and even - numbered property addresses may water on
even - numbered days with the exceptions of property owners using a private well for sprinkling;
property owners who obtain a watering permit from the City for the watering of new sod for the first
twelve weeks after it is sodded or the watering of new seed for the first twelve weeks after it is
seeded; and property owners who have received approval from the City to operate a drip irrigation
system.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2004-07
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING SECTION 4 -202 OF THE CITY ORDINANCES OF THE CITY
OF BROOKLYN CENTER REGARDING A SPRINKLING BAN
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody.
Councilmember Carmody inquired if a $25 fee would be suitable without having to amend Section
4 -901. Mr. McCauley discussed that the Council may choose a fee in addition or in lieu to establish
a user charge for watering on the wrong day and suggested that staff prepare a fee structure by
resolution for the City Council to review.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. PROCLAMATION DECLARING MAY 9-15,2004, TO BE POLICE WEEK
Mayor Pro Tem Peppe read the Proclamation Declaring May 9 -15, 2004, to be Police Week.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the
Proclamation Declaring May 9 -15, 2004, to be Police Week. Motion passed unanimously.
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9b. PROCLAMATION DECLARING MAY 1, 2004, TO BE A DAY OF
SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER.
Councilmember Lasman read the Proclamation Declaring May 1, 2004, to be a Day of Spiritual
Rededication and Prayer in Brooklyn Center.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the
Proclamation Declaring May 1, 2004, to be a Day of Spiritual Rededication and Prayer in Brooklyn
Center. Motion passed unanimously.
9c. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN
CENTER AS A TREE CITY USA FOR THE TWELFTH CONSECUTIVE
YEAR; AND PROCLAMATION DECLARING APRIL 30, 2004, ARBOR DAY
AND MAY 2004 ARBOR MONTH IN BROOKLYN CENTER
Mayor Pro Tern Peppe read the Resolution Recognizing the Designation of Brooklyn Center as a
Tree City USA for the Twelfth Consecutive Year.
RESOLUTION NO. 2004-59
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE
CITY USA FOR THE TWELFTH CONSECUTIVE YEAR
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
Proclamation Declaring April 30, 2004, Arbor Day and May 2004 Arbor Month in Brooklyn Center.
Motion passed unanimously.
9d. RESOLUTION DESIGNATING ACCEPTABLE SPECIES OF
REPLACEMENT TREES FOR 2004 NEIGHBORHOOD STREET AND
UTILITY RECONSTRUCTION PROJECTS
Mr. McCauley discussed in response to a citizen request staff reviewed and is recommending the
following replacement of trees for the 2004 Neighborhood Street and Utility Reconstruction Projects:
• Ash, Patmore
• Sugar Maple
• Flowering Crabapple (no fruit)
• Linden, American
• Colorado Spruce
• Douglas Fir
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RESOLUTION NO. 2004-60
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING ACCEPTABLE SPECIES OF REPLACEMENT TREES FOR
2004 NEIGHBORHOOD STREET AND UTILITY RECONSTRUCTION PROJECTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Niesen. Motion passed unanimously.
9e. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC
NUISANCES, SAFETY, AND HEALTH HAZARDS WITH RESPECT TO
THAT REAL ESTATE LOCATED AT 5827 CAMDEN AVENUE NORTH
BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
THE NORTH 79 FEET OF THE EAST % OF LOT 26, LYNDALE
RIVERSIDE ACRES, HENNEPIN COUNTY, MINNESOTA IN THE CITY
OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA
Mr. McCauley discussed that a fire had destroyed the single - family dwelling at 5827 Camden
Avenue North and that City Inspectors believe the property and premises constitute a public hazard.
Compliance orders had been issued to abate the hazardous conditions in all respects by razing and
removing the fire damaged dwelling to grade level, to fill in the excavation with clean fill, and to
disconnect or cause to be disconnected all utility lines at the property lines. City inspectors had
received notice that the insurance settlement had been issued to the owner and that the owner has
failed or refused to comply with the compliance orders.
Councilmember Niesen questioned if the City would incur costs with the removal of this property;
and how long before the property would be removed. Mr. McCauley discussed that the City would
proceed under Minnesota Statutes Chapter 463 and that the costs would be charged against the
property.
RESOLUTION NO. 2004-61
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND
FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH
HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5827 CAMDEN
AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
THE NORTH 79 FEET OF THE EAST '/2 OF LOT 26, LYNDALE RIVERSIDE ACRES,
HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN
COUNTY, MINNESOTA
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The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Niesen. Motion passed unanimously.
9L RESOLUTION AUTHORIZING COMMERCIAL DRIVERS LICENSE
SUPPLEMENTAL PAYMENT
Mr. McCauley discussed that this resolution would authorize reinstatement of commercial drivers
license (CDL) pay to the Supervisor of Streets /Parks that was inadvertently omitted when changes
were made with regards to rolling the CDL pay into base wages for the Local 49 Contract.
RESOLUTION NO. 2004-62
Councilmember Carmody introduced the amended resolution and moved its adoption:
RESOLUTION AUTHORIZING COMMERCIAL DRIVERS LICENSE SUPPLEMENTAL
PAYMENT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
9g. PRESENTATION ON SUMMER POLICE INITIATIVE AND CODE
ENFORCEMENT SWEEP
Police Chief Scott Bechthold summarized a PowerPoint presentation of the three focus areas for the
2004 summer strategy that included crime reduction strategy; traffic enforcement; and code
enforcement. He informed that the Police Department would utilize a three officer and sergeant team
that will concentrate on three summer waves of traffic. Those three waves will consist of May 24
through June 6, 2004; all weekends in July; and August 27 through September 12, 2004.
Mr. Bechthold discussed the timeline for exterior inspections on properties in the City that are as
follows:
• May 3rd - first inspection of all residential properties
• May 31st - completion of first inspection
• June 1st - second inspections of residential properties
• June 21st - completion of residential second inspection and start of apartment property
inspection
• July 12th - apartment inspection completion
• July 31st - completion of apartment second inspection, begin inspection of commercial
properties
• August 16th - begin second inspection of commercial properties
• August 31st - end of Summer Sweep
• September /October - complete extension/ticket tasks
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Mayor Pro Tern Peppe inquired since there was a decrease in crime while the bus strike was in affect
if the Police Department will be making any changes now that the buses are in service again. Mr.
Bechthold discussed that Police staff will be meeting with business owners to work on problem
initiatives and that Police staff will let the businesses know that they need to work together.
Councilmember Niesen questioned if the Brookdale Mall Security will be invited to this meeting.
Mr. Bechthold informed that Police staff meets with Brookdale Mall Security on a monthly basis.
Councilmember Carmody questioned if the reduced kids programming last year increased the crime
rates last summer. Mr. Bechthold discussed that they had noticed a rash of break -ins and graffiti;
however, they were able to control these incidents.
Councilmember Carmody questioned if driveways will be checked during the code enforcement
sweep. Mr. Bechthold informed that he would see to it that driveways are checked this year.
9h. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ADOPT -A-
PARK/TRAIL /STREET PROGRAM
Mayor Pro Tern Peppe read the resolution expressing appreciation for the $150 gift of the Brooklyn
Center Lions Club in support of the Adopt- A- Park/Trail /Street Program.
RESOLUTION NO. 2004-63
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER
LIONS CLUB IN SUPPORT OF THE ADOPT- A- PARK/TRAIL /STREET PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Niesen. Motion passed unanimously.
10. ADJOURNMENT
There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn
the City Council meeting at 7:55 p.m. Motion passed unanimously.
City Clerk Mayor
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