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HomeMy WebLinkAbout2004 05-10 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 MAY 10, 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. Bob Eggerichs, 8992 Stratford Court, Brooklyn Park, addressed the Council to ask that they consider a site license for the Brooklyn Park Youth Hockey Association to sell pull -tabs at the new proposed Coyote Grille in Brooklyn Center. Mr. Eggerichs discussed the purpose of the Brooklyn Park Youth Hockey Association and fundraising; and informed that there are approximately 19 kids from Brooklyn Center that equals 15 percent of the total program. City Manager Michael McCauley suggested that the City Attorney review whether or not the Brooklyn Park Youth Hockey Association would qualify under the City's Ordinance to sell pull -tabs in Brooklyn Center. City Attorney Charlie LeFevere informed that he would review the matter within two weeks. Greg Haage, 5801 John Martin Drive, addressed the Council to introduce himself and to invite the Council to attend events at the new Up Front Event Center. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2: INVOCATION A moment of silence was observed. 05/10/04 -1- 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, City Assessor Nancy Wojcik, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Open House hosted by the City Council and Fire Relief Association on May 8, 2004, and the Grand Opening Library Events on May 6 and May 8, 2004. Councilmember Lasman reported that she attended the Brooklyn Center Prayer Breakfast on May 1, 2004; the Grand Opening Library Event on May 6, 2004; and the Open House hosted by the City Council and Fire Relief Association on May 8, 2004. She informed that there would be another Open House on June 5, 2004, at the East Fire Station. Councilmember Niesen discussed that construction for the new transit hub will soon start and that the buildings in that area will soon be demolished if anyone would like to visit the buildings before they are demolished. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the April 26, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 05/10/04 -2- 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MOTOR VEHICLE DEALERSHIP Brookdale Dodge, Inc. 6800 Brooklyn Boulevard RENTAL Renewal: 5115 Twin Lake Boulevard East - No calls for service 7c. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON HALIFAX AVENUE NORTH AND ECKBERG DRIVE RESOLUTION NO. 2004-64 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON HALIFAX AVENUE NORTH AND ECKBERG DRIVE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. APPEARANCE -DONN ESCHER, FINANCIAL COMMISSION CHAIR - REPORT OF FINANCIAL COMMISSION REVIEW OF CITY COUNCIL COMPENSATION. Donn Escher, Financial Commission Chair, addressed the Council to discuss the study received from the financial sub - committee regarding the City Council's compensation for 2005 and 2006. Based on the study from the sub - committee the Financial Commission would recommend that the compensation be left at the 2004 levels for 2005, and for 2006 an increase of two percent in the base wage for the Mayor and Council Members. Three main reasons for this recommendation would be the budget constraints, sensitivity to citizen concerns expressed about prioritization of expense, and Mayor and Council Member current status in terms of position above the median compensation of comparison cities. Councilmember Peppe expressed that he believes this was well put together; and Mayor Kragness expressed thanks to Mr. Escher and the Financial Commission. 05/10/04 -3- 9. CONTINUATION OF BOARD OF APPEAL AND EQUALIZATION HEARING - EDWARD DOLL, 120157TH AVENUE NORTH -TODD PAULSON, 6408 WILLOW LANE NORTH City Manager Michael McCauley discussed that the City Assessor met with the property owners of 120157 th Avenue North and 6408 Willow Lane North and had suggested that the property at 1201 57 Avenue North be reduced from $346,000 to $335,000; and the property at 6408 Willow Lane North be sustained for the 2004 assessments. A motion by Councilmember Lasman, seconded by Councilmember Carmody to reduce the 2004 assessment for the property at 1201 57 Avenue North from $346,000 to $335,000. Motion passed unanimously. Todd Paulson, 6408 Willow Lane North, addressed the Council to ask that they use judgment to equalize bringing the issue of the land values into balance. Councilmember Carmody expressed that she believes that the assessment is valid. Councilmember Peppe agreed with Councilmember Carmody and expressed that the limited market value would be better estimated at the County Board. Councilmember Niesen asked for clarification regarding the assessment calculations regarding land and square footage. City Assessor Nancy Wojcik discussed that overall size, adjacent property owners, and floodplains are some factors and reviewed buildable site values along the river. Councilmember Niesen encouraged residents to get an analysis from a realtor for next year's assessments. Mayor Kragness asked if Mr. Paulson would still be able to continue to the County Board. Ms. Wojcik responded that he would have to make an appointment with Hennepin County before June 9, 2004. A motion by Councilmember Carmody, seconded by Councilmember Peppe to sustain the 2004 assessment for 6408 Willow Lane North. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING MAY 16-22,2004, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring May 16-22,2004, Public Works Week in Brooklyn Center. 05/10/04 -4- A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the Proclamation Declaring May 16 -22, 2004, Public Works Week in Brooklyn Center. Motion passed unanimously. 10b. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested ratification of Tracy Groves, 5337 Girard Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission. A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify Mayoral nomination of Tracy Groves with term expiring December 31, 2004. Motion passed unanimously. loc. RESOLUTION ESTABLISHING LICENSE FEES FOR RETAIL SALE OF FIREWORKS Mr. McCauley discussed that the Council had previously adopted an ordinance regarding the sale and use of fireworks and that the ordinance had stated that license fees should be established by resolution. This resolution would set the following fees for the retail sale of fireworks at the limits the State provides: Annual Fee Retail Seller in the Business of Selling Only Consumer Fireworks (Temporary Stands) $350 /location Other Retailers that Sell Consumer Fireworks and Other Items (Permanent Structure) $100 /location RESOLUTION NO. 2004-65 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LICENSE FEES FOR RETAIL SALE OF FIREWORKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 05/10/04 -5- 10d. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE MANUFACTURING OF BEER, WINE AND DISTILLED ALCOHOLIC BEVERAGES Mr. McCauley discussed that the City had a request to consider a microbrewery and that the Planning Commission reviewed the request and recommended approval of the request to allow the operation of a microbrewery in the I -1 and I -2 Zoning District. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on June 14, 2004. Councilmember Carmody questioned if there would be sewer access charges. Director of Public Works /City Engineer Todd Blomstrom informed that there would be sewer access charges from the Metropolitan Council and the City. Mr. McCauley discussed that there are some unresolved issues as to what will be put in the sewers and that it will be determined at a later date as a separate issue. Councilmember Niesen questioned how the discharge would not impact the lake. Mr. McCauley discussed that the flow of discharge would be into the sanitary system only and that the Metropolitan Council will review the water for cost of the treatment. Councilmember Niesen questioned the hours of operation. Omar Ansari addressed the Council and informed that the hours of operation would be during day business hours. Mr. Ansari discussed that he believes the only noise from the microbrewery would be the noise of the trucks and that if problems arise they would handle the issues. Motion passed unanimously. 10e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT Mr. McCauley discussed that this ordinance amendment would be one of several for the CC Central Commerce Overlay District as the Opportunity Site moves forward and that this specific amendment would evaluate and specify uses in the CC Central Commerce Overlay District. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on June 14, 2004. Motion passed unanimously. 05/10/04 -6- lOf. AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY 1. RESOLUTION AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY 2. AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that the City owns certain real properties consisting of excess highway right -of -way adjacent to Interstate Highway I -94 from the south city limits to Interstate Highway I- 694. It has been recommended to sell the properties to the owners of adjacent properties for combination with the adjacent properties on the terms and conditions of a purchase agreement. Mayor Kragness asked what the nominal fee would be; and if the property owners along that area were notified. Mr. McCauley informed that the nominal fee would be approximately $1 per square foot; and that those who were interested were notified case by case. RESOLUTION NO. 2004-66 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY 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 first reading and set second reading and public hearing on June 14, 2004. Motion passed unanimously. log. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed bids were received on May 4, 2004, and that the lowest bidder for the Northport area improvement project is S.R. Weidema, Inc. This resolution would accept the bids received and award a contract to S.R. Weidema, Inc. RESOLUTION NO. 2004-67 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 05/10/04 -7- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10h. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2004 -06, 73RD AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed that the City of Brooklyn Park is moving forward with plans and specifications and that this resolution would approve the City of Brooklyn Center's plans and specifications and authorizes the advertisement for bids for the 73 Avenue Street project. Councilmember Carmody questioned when the construction would start. Mr. Blomstrom informed that the contract will be let May 24, 2004, and that there could possibly be some preparatory work before the June 14, 2004, City Council meeting. Mr. McCauley suggested that language be considered at the May 24, 2004, meeting that would allow the construction to move forward before the June 14, 2004, meeting. RESOLUTION NO. 2004-68 Councilmember Carmody introduced the amended resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2004 -06, 73RD AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10i. AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY; AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE Mr. McCauley discussed in response to the Council's direction the Police Department and City Attorney have made the requested changes to the ordinance and that the ordinance is ready for public hearing if approved this evening for first reading. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on June 14, 2004. Motion passed unanimously. 05/10/04 -8- "i. RESOLUTION AMENDING 2004 BUDGET AUTHORIZATION FOR POLICE SERGEANTS Mr. McCauley discussed last spring the Police Department began a reorganization of its supervisory structure. The City has now had an opportunity to observe that reorganization which eliminated the two captain positions and reorganized to provide for 42 sworn positions in the budget versus 43 sworn positions. This reorganization involved shifting crime prevention to a civilian position and the use of a patrol officer for the Drug Task Force. The number of sergeants was reduced from six to five in the proposal. The actual use of the lieutenants and the need in the detective division are such that Chief Bechthold is proposing to add an additional sergeant, while reducing the number of budgeted patrol positions. Council discussed the issue, the manageable risks involved, and the suggested solution. Councilmember Carmody expressed that she had some reservations regarding this matter. Councilmember Peppe expressed that he would like to have more information on the position responsibilities and would like to look at the Police Department as a whole. Councilmember Niesen suggested job descriptions be provided so that she can understand the responsibilities. RESOLUTION NO. 2004-69 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION AMENDING 2004 BUDGET AUTHORIZATION FOR POLICE SERGEANTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember Peppe voted against the same. Motion passed. 10k. RESOLUTION AMENDING 2004 WATER UTILITY RATES, FEES, AND CHARGES Mr. McCauley discussed that the Council recently adopted an ordinance relating to a sprinkling ban and that this resolution would amend the 2004 water utility rate schedule to provide a $25 per day fee for any utility user who uses City water in violation of the City's odd -even sprinkling /watering ordinance or regulations. Councilmember Carmody wished to point out that the primary warning system would continue and expressed that she hopes to not have to use this violation fee. Mayor Kragness asked that neighbors help with notifying new residents of this regulation. RESOLUTION NO. 2004-70 Councilmember Carmody introduced the amended resolution and moved its adoption: 05/10/04 -9- RESOLUTION AMENDING 2004 WATER UTILITY RATES, FEES, AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Niesen, seconded by Councilmember Lasman to adj ourn the City Council meeting at 8:10 p.m. Motion passed unanimously. j r, aw 4, - 6,A -. City Clerk Mayor 05/10/04 -10-