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HomeMy WebLinkAbout2004 06-14 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 JUNE 14, 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 6:48 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Lonnie Branch, 6905 Unity Avenue North, addressed the Council to express concern about the drainage ditch behind his home and to request that the Council consider this issue. He asked the Council to help him determine who would be responsible for maintaining the ditch and expressed that he would be willing to help in anyway. Mr. Branch provided pictures for the Council. Mayor Kragness indicated that City staff would review the matter with Mr. Branch. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Study Session at 6:55 p.m. Motion passed unanimously. 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. 06/14/04 -1- 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the North Metro Mayors Business of the Year Award Event on May 26,2004; the Northwest Hennepin Coalition meeting on June 1, 2004; and the Open House sponsored by the City Council and Fire Relief Association on June 5, 2004. Councilmember Niesen reported that on June 5, 2004, she attended the Open House sponsored by the City Council and Fire Relief Association and helped with the Twin Lake Restoration spring planting. She expressed thanks to those who volunteered with the spring plantings and encouraged citizens to come and see the outcome of the plantings. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with the removal of Consent Agenda Item 7e to Council Consideration Item 9g. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the May 17, 2004, joint work session with Financial Commission, and the May 24, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES Denny's Restaurant 6405 James Circle North COMMERCIAL KENNEL Pandora's Box Veterinary Clinic 4902 France Avenue North 06/14/04 -2- i MECHANICAL Practical Systems 4342B Shady Oak Road, Hopkins RENTAL Renewal: 3614 -16 50` Avenue North - Kjirsten Bjerke -Keenan 4703 68 Avenue North - Bernard McDonough 1316 68 Lane North - Valerie Blount McKissack 5631 Bryant Avenue North - Yolanda Cox 6749 Humboldt Avenue North - Suburban Properties (Kwi Ha Wong) 6757 Humboldt Avenue North - Suburban Properties (Kwi Ha Wong) 6761 Humboldt Avenue North - Suburban Properties (Kwi Ha Wong) 6773 Humboldt Avenue North - Suburban Properties (Kwi Ha Wong) 1513 Humboldt Place - Suburban Properties (Kwi Ha Wong) 1549 Humboldt Place - Suburban Properties (Kwi Ha Wong) 5400 -02 Russell Avenue North - Bruce Vanderschaaf 5900 Washburn Avenue North - John & Gail Lambert 5201 Xerxes Avenue North - Ronald Stoneberg 6915 -25 Humboldt Avenue North (50 Unit Apt.) - Hillaway Investments Initial: 360147 th Avenue 3613 47 Avenue 371347 th Avenue 5535 Colfax Avenue 7225 Knox Avenue 6919 Newton Avenue 7013 Newton Avenue 6900 Unity Avenue North SIGN HANGER American Eagle Sign Co. 6313 Cambridge Street, St. Louis Park DeMars Signs Inc. 41093 d Avenue NW, Coon Rapids TOBACCO RELATED PRODUCT Brothers Trading 1216 Brookdale Mall 7c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2004-78 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 06/14/04 -3- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004 -G, 2004 SHINGLE CREEK TRAIL IMPROVEMENTS RESOLUTION NO. 2004-79 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, 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 Niesen. Motion passed unanimously. 7e. RESOLUTION ACCEPTING INSURANCE SETTLEMENT FOR WILLOW LANE PARK SHELTER BUILDING This item was removed from the Consent Agenda and placed under Council Consideration as item 9g. 7f. UTILITY BILLING SOFTWARE A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the new utility billing software. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. 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 City Manager Michael McCauley discussed that the Planning Commission received a request for an amendment to Chapter 35 of the City Ordinances to allow the operation of a microbrewery in the I -1 and I -2 zoning district. The Planning Commission reviewed the request and recommended approval. A motion by Councilmember Niesen, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 06/14/04 -4- A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-09 Councilmember Lasman introduced the following ordinance and moved its adoption: 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 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. 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 the Council had adopted a moratorium on the development or placement of new religious buildings within the City to allow time for staff to consider the impact such development would have as well as the appropriateness of different zonings for church development. Since that time the proposed ordinance amendment was drafted and describes allowable uses in the CC Central Commerce Overlay District. Mr. McCauley informed that this ordinance will be a work in progress and that the residential issue may be re- explored at a later date. A motion by Councilmember Lasman, seconded by Councilmember Niesen 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. 2004-10 Councilmember Lasman introduced the following ordinance and moved its adoption: 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 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 06/14/04 -5- 8c. AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this ordinance authorizes the sale of certain land that has been determined in the best interest of the City. This sale would sell the subject properties to the owners of adjacent properties for combination with the adjacent properties on the terms and conditions of a purchase agreement. This ordinance would set the framework and ratifies previous conveyances. Mayor Kragness questioned if the surrounding property owners had been notified of the sale. Mr. McCauley responded that the property owners had not been notified and that if the Council would like a mailing to be sent that could be done. 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. 2004-11 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Lasman to direct staff to send a mailing to notify residents of the sale. Motion passed unanimously. 8d. 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 that the Council spent a significant amount of time regarding framework for this proposed ordinance that creates a mechanism for potentially dangerous dogs. This ordinance would treat potentially dangerous dogs like dangerous dogs as required by State Statutes. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. 06/14/04 -6- Joyce Malmberg, 3810 Oak Street, addressed the Council to question what her rights are as a dog owner if or when some one is antagonizing her dogs. She discussed that she had neighbor kids who antagonize her dogs and that she has had conversations with them and the parents; however, she is worried that they will not listen to her concern. City Attorney Charlie LeFevere informed that the ordinance is written that all definitions are called for unprovoked incidents. Councilmember Niesen suggested that Ms. Malmberg take a photo when the dogs are being provoked, to document the incidents on paper, and to contact the City Manager. A motion by Councilmember Carmody, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. Councilmember Niesen questioned the Animal Control Board. Mayor Kragness discussed that the Animal Control Board will be considered when something happens. Councilmember Carmody suggested that the members include a resident other than a neighbor when considering board members. ORDINANCE NO. 2004-12 Councilmember Peppe introduced the following ordinance and moved its adoption: 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 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8e. CONSIDERATION OF APPLICATION FOR COMMERCIAL KENNEL LICENSE SUBMITTED BY GENTLE TOUCH ANIMAL SANCTUARY, 4900 FRANCE AVENUE NORTH — RESOLUTION AUTHORIZING ISSUANCE OF A COMMERCIAL KENNEL LICENSE TO GENTLE TOUCH ANIMAL SANCTUARY, 4900 FRANCE AVENUE NORTH, BROOKLYN CENTER, MINNESOTA Mr. McCauley discussed that under the current ordinance a parcel that is zoned I -2 and is boarding animals is an allowed use in the district and that it requires a public hearing as part of the application process. Gentle Touch Animal Sanctuary has been inspected and has met all the requirements. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 06/14/04 -7- No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. Councilmember Carmody questioned if they can add more animals and who checks these facilities. Mr. McCauley discussed that the County enforces the laws relative to animal facilities. Mr. LeFevere discussed if the Council would like to make the number of animals relevant to the ordinance they can do so. Mr. McCauley reminded that the primary focus for this ordinance is the location. Councilmember Niesen questioned if the application is approved and later the facility is sold, can the license be transferred. Mr. LeFevere responded that the new person would have to apply. Councilmember Niesen expressed that she would like to table this item until June 28, 2004, to further investigate and explore other commercial kennels. She would like to inquire about the number of animals allowed and have other questions answered to feel comfortable about approving this application. Councilmember Carmody expressed that she would agree for the reason that the applicant was not present to answer questions raised by the Council. Councilmember Carmody asked that the applicant be asked to attend the June 28, 2004, meeting. A motion by Councilmember Niesen, seconded by Councilmember Carmody to table this item to the June 28, 2004, meeting. Motion passed unanimously. Councilmember Niesen informed that she would call other commercial kennels. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR FIRE RELIEF ASSOCIATION SPONSORSHIP AND FIRE DEPARTMENT PARTICIPATION IN OPEN HOUSES Mayor Kragness read the resolution expressing appreciation to the Brooklyn Center Fire Department and Fire Relief Association for their generous gift of time and materials in connection with the City Council/Fire Relief Association Open Houses held on May 8 and June 5, 2004. RESOLUTION NO. 2004-80 Councilmember Carmody introduced the following resolution and moved its adoption: 06/14/04 -8- RESOLUTION EXPRESSING APPRECIATION FOR FIRE RELIEF ASSOCIATION SPONSORSHIP AND FIRE DEPARTMENT PARTICIPATION IN OPEN HOUSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE HONEYWELL FEDERAL CREDIT UNION IN SUPPORT OF SUMMER PROGRAMS Mayor Kragness read the resolution expressing appreciation for the donation of $1,000 from the Honeywell Federal Credit Union in support of summer programs. RESOLUTION NO. 2004-81 Councilmember Carmody introduced the amended resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE HONEYWELL FEDERAL CREDIT UNION IN SUPPORT OF SUMMER PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9c. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE TWINWEST CHAMBER OF COMMERCE IN SUPPORT OF THE NATIONAL NIGHT OUT ACTIVITIES Mayor Kragness read the resolution expressing appreciation for the gift of $250 from the TwinWest Chamber of Commerce in support of the National Night Out activities. RESOLUTION NO. 2004 -82 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE TWINWEST CHAMBER OF COMMERCE IN SUPPORT OF THE NATIONAL NIGHT OUT ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9d. AN ORDINANCE AMENDING ORDINANCE NO. 2002 -11 REGARDING COUNCIL SALARIES FOR 2005 -2006 Mr. McCauley discussed that the Financial Commission recommended salaries for 2005 and 2006 and that this ordinance amendment requires a public hearing. 06/14/04 -9- A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on July 12, 2004. Councilmember Niesen questioned if all Council salaries are set every two years. Mr. McCauley informed that all City Councils have to approve salaries by ordinance before a General Election to be effective on January 1 after the election and that all cities have the same requirement. Councilmember Niesen expressed that she believes that a zero percent increase seems to be more symbolism over substance, that she has worked hard, and is disappointed however, will support the Council. She asked that the Council continue with her request to add more comparable cities when discussing future salaries. Councilmember Carmody discussed that the Financial Commission Chair discussed the serious cuts in Local Government Aid (LGA) and that the reason for the zero percent increase was the response of the cuts in LGA. She believes this sends the correct message to residents and that the reasoning for the zero percent increase is valid. Mayor Kragness expressed that she believes the salary issue is difficult and that she is thankful that the Financial Commission has taken over the responsibility. She informed that she does not have a problem with the recommendation made by the Financial Commission. Councilmember Lasman expressed that she believes the Financial Commission knows the City Council works hard, that they did what they had to for a recommendation on the Council salaries, and that the recommendation is appropriate. A second motion was made by Councilmember Lasman, seconded by Councilmember Niesen to approve the first reading and set second reading and public hearing on July 12, 2004. Motion passed unanimously. 9e. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.10 OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Charter Commission was asked to recommend an amendment to Section 3.10 of the Brooklyn Center City Charter for using strikethrough rather than brackets for matter to be deleted in ordinance amendments. The amendment would make it easier to identify which language was being removed in an ordinance amendment. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve first reading and set second reading and public hearing on July 12, 2004. Motion passed unanimously. 9f. AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702,23-703, AND 23 -704 AND ADDING NEW SECTIONS 23-706,23-708,23-709,23-710, 23 -711 AND 23 -712 06/14/04 -10- Mr. McCauley discussed that the City Attorney and Police Department had worked to create an ordinance that would attempt to protect persons using taxicabs in the City of Brooklyn Center by regulating the qualifications and records of operators and drivers. The draft ordinance was sent to one of the local taxicab owner /operators for input and suggestions. Two of the suggestions offered by Timothy Crandall were incorporated into the draft ordinance. Councilmember Carmody expressed thanks to Mr. Crandall for his help on the ordinance. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the first reading and set second reading and public hearing on July 12, 2004. Motion passed unanimously. 9g. RESOLUTION ACCEPTING INSURANCE SETTLEMENT FOR WILLOW LANE PARK SHELTER BUILDING Councilmember Lasman had asked that this item be removed from the Consent Agenda to inform residents that the shelter building had been left after the fire until the insurance was settled to compensate for environmental assessment costs and the loss of the property that resulted in the structure fire. Councilmember Lasman questioned if there would be a replacement building at this location. Mr. McCauley discussed that the Public Works Department and Jim Glasoe are doing an inventory of storage needs and that this will result in a plan for storage needs on a City -wide basis. This will be part of the Capital Improvement Plan review in the fall. RESOLUTION NO. 2004-83 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING INSURANCE SETTLEMENT FOR WILLOW LANE PARK SHELTER BUILDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:13 p.m. Motion passed unanimously. City Clerk Mayor 06/14/04 -11-