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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. 04/26/04 -1- 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 04/26/04 -2- 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. 04/26/04 -3- 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. 04/26/04 4- 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 04/26/04 -5- 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 04/26/04 -6- i 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 04/26/04 -7- 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 04/26/04 -8-