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HomeMy WebLinkAbout2004 06-28 CCM Regular Session I II 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 28, 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, Police Chief Scott Bechthold, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the Study Session at 6:46 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. 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, Police Chief Scott Bechthold, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 06/28/04 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody expressed thanks to the Earle Brown Days Committee for all their work with the Earle Brown Days Events; and reported that she had joined the League of Minnesota Cities Improving Local Economies Committee. Councilmember Lasman reported that she attended a Parks Tour on June 15, 2004; the Dudley Tournament on June 19, 2004; the Earle Brown Days Parade on June 24, 2004; and the Ice Cream Social at Brookdale on June 25, 2004. Councilmember Lasman commended the volunteers who helped plant the Central Park area and commented how nice Central Park looked for the Dudley Tournament and the Earle Brown Days Events. Councilmember Niesen informed that she participated in the Earle Brown Days Parade; and that she had joined the League of Minnesota Cities Improving Fiscal Futures Committee. Mayor Kragness reported that she received a letter from the Hennepin County Public Works Administration Department commending the Police and Fire Chiefs and Kristi Commers for their work on the Emergency Preparedness meetings. 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 with the removal of Consent Item 7e, Approval of Mobile Computing Devices Replacement and Purchases with Forfeiture Funds to Council Consideration Item 1On. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the June 14, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. 06/28/04 -2- AMUSEMENT DEVICES Americinn Motel and Suites 2050 Freeway Boulevard Brooklyn Center Best Western 1501 Freeway Boulevard Brooklyn Center Legion 6110 Brooklyn Boulevard Community Center 6301 Shingle Creek Parkway Davanni's Pizza 5937 Summit Drive Earle Brown Lanes 6440 James Circle North Family Dollar #5110 2105 North 57 Avenue Family Dollar #4514 6223 Brooklyn Boulevard MCTO 6845 Shingle Creek Parkway GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey T & L Sanitation Service P.O. Box 49695, Blaine Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Aspen Air Inc. 308 SW 15 Street, #25, Forest Lake Duct Works LLC 5320 Triton Drive, Golden Valley RENTAL Renewal: 824 69 Avenue North Joseph Roche 4408 69 Avenue North Eugene and Diane Wright 1706 71 Avenue North Patricia A, Sandeen 6915 Brooklyn Boulevard Curtis Cady 5242 Lakeside Place Brett and Terry Parker 5547 Lyndale Avenue North David Theisen 6813 Noble Avenue North David Zemke 5332 -36 Russell Avenue North Douglas Ryan 5256 E. Twin Lake Blvd. Brian Somkhan Initial: 341362 d Avenue North Mai - Thuong Nguyen 3319 63d Avenue North Linda and Ai Yang 421363 d Avenue North Bryan Friendshuh 490765 th Avenue North William Bjerke 4204 Lakebreeze Avenue North Thinh Pham 4811 Lakeview Avenue North Diane Krenz 6825 Scott Avenue North Doug Pederson SIGN HANGER Attrata Sign 14680 James Road, Rogers 06/28/04 -3- 7c. APPROVAL OF PERFORMANCE GUARANTEE RELEASES FOR 5000 FRANCE AVENUE NORTH (TOWNHOMES) AND MOTEL 6, 2741 FREEWAY BOULEVARD A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve performance guarantee releases for 5000 France Avenue North and 2741 Freeway Boulevard. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2004 -84 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. APPROVAL OF MOBILE COMPUTING DEVICES REPLACEMENT AND PURCHASES WITH FORFEITURE FUNDS This item was removed and placed on Council Consideration as l On. 8a. PRESENTATION FROM HLB TAUTGES REDPATH, LTD - RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2003 Dave Mol, HLB Tautges Redpath, Ltd., addressed the Council to briefly outline the materials that had been previously presented at the Study Session. Mr. Mol informed that the overall results of the 2003 Audit were positive with clean reports and no compliance findings. RESOLUTION NO. 2004 -85 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 06/28/04 -4- 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2004-008 SUBMITTED BY CARIBOU COFFEE COMPANY, INC. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A CARIBOU COFFEE SHOP AT 3900 LAKEBREEZE AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 17, 2004, MEETING. City Manager Michael McCauley discussed that Planning Commission Application No. 2004 -008 submitted by Caribou Coffee Company, Inc. requesting for a special use permit to operate a Caribou Coffee Shop at 3900 Lakebreeze Avenue North was reviewed and recommended by the Planning Commission subject to the following conditions: 1. The special use permit is granted for retail sales at a Caribou Coffee Shop as provided in the plans submitted. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The retail sales shall be confined to the area indicated on the site and floor plans submitted. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's Zoning Ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City Ordinances. Councilmember Niesen inquired about the parking and who would be responsible for signage if Caribou Coffee Company did not receive the additional parking. Planning and Zoning Specialist Ron Warren discussed the history of the parking lot and informed that the Northwest Athletic Club would be responsible for the signage, if any were to be placed. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2004 -008 subject to the above five conditions. Motion passed unanimously. 06/28/04 -5- 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS YOUTH GOLF TOURNAMENT Mayor Kragness read the resolution expressing appreciation for the $200 donation of the Brooklyn Center Lions Club in support of the Earle Brown Days Youth Golf Tournament. RESOLUTION NO. 2004-86 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS YOUTH GOLF TOURNAMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10b. PROCLAMATION DECLARING JULY 11-17,2004, TO BE COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK Mayor Kragness read the Proclamation Declaring July 11 -17, 2004, to be Community Activities, Recreation and Services Week. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring July 11 -17, 2004, to be Community Activities, Recreation and Services Week. Motion passed unanimously. loc. PROCLAMATION DECLARING JULY 9 AND 10, 2004, RELAY FOR LIFE DAYS IN BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring July 9 and 10, 2004, Relay for Life Days in Brooklyn Center. Councilmember Carmody informed that if persons were interested to contact Lauri Winters at 763- 535 -2055. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring July 9 and 10, 2004, Relay for Life Days in Brooklyn Center. Motion passed unanimously. 06/28/04 -6- 10d. 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 this item had been tabled from the June 14, 2004, meeting for more information to be received from the applicant. Since the June 14, 2004, meeting a letter had been received from the applicant and Councilmember Niesen had made a visit to the location. Councilmember Niesen discussed she had a few questions for Sandy Zander, President of Gentle Touch Animal Sanctuary. Ms. Zander addressed the Council and provided answers to Councilmember Niesen's questions. Councilmember Niesen expressed that she would like the Council to consider a condition as to the number of cats allowed. Ms. Zander informed she would have a concern with that type of condition as she is not always sure how many cats she will be housing at one time. She informed that she usually does not have the cats more than one month unless they are expecting. Councilmember Carmody informed that she believes her questions were answered in the letter received from Ms. Zander and expressed that she would like to approve the application with no condition added. RESOLUTION NO. 2004-87 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A COMMERCIAL KENNEL LICENSE TO GENTLE TOUCH ANIMAL SANCTUARY, 4900 FRANCE AVENUE NORTH, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED GLOBAL POSITIONING SYSTEM TO THE BROOKLYN CENTER POLICE DEPARTMENT Mr. McCauley discussed that the Police Department received a Global Positioning System (GPS) by Mr. Douglas Schultz at a Neighborhood Block Watch Party to be utilized to assist the Police Department with tracking and apprehending auto thieves. This resolution would authorize and accept the donation on behalf of the City of Brooklyn Center. 06/28/04 -7- RESOLUTION NO. 2004-88 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED GLOBAL POSITIONING SYSTEM TO THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10L RESOLUTION AUTHORIZING PARTICIPATION IN TOBACCO -FREE YOUTH RECREATION PROGRAM INITIATIVE Mr. McCauley discussed that the Tobacco -Free Youth Recreation Program initiative had offered to provide signs for use in City parks to post areas as "no smoking" during organized youth activities. Councilmember Carmody questioned who is able to enforce smoking on school properties. Mr. McCauley discussed that the Police Department can enforce smoking on school properties by State Law. RESOLUTION NO. 2004-89 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN TOBACCO -FREE YOUTH RECREATION PROGRAM INITIATIVE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. log. REPORT ON CODE ENFORCEMENT Police Chief Scott Bechthold reported on the 701 total numbers of violations since the code sweep had started with residential properties and informed that there had been 545 first letters; 102 second letters; 330 compliance /thank you letters; and 32 extensions. The code enforcement sweep will continue with apartment properties starting the beginning of July. All first inspections for all property types will be completed the end of July. Mr. Bechthold informed that they are being more aggressive with the first inspections of the twelve reoccurring problem properties and that they have referred four to Court. Mr. Bechthold discussed that the Police Department continues to use proactive measures towards crime prevention and the quality of life issues and that the fifth Sergeant is now in place helping with the problem spots. He informed that the apartment calls for service continue to decrease and that since the 12 -913 ordinance became effective he believes the apartment managers and police staff are working cooperatively together. 06/28/04 -8- Councilmember Carmody inquired where garbage cans are to be stored and the issue of gravel driveways on residential properties. Mr. McCauley informed that garbage cans have to be put on the back plain of the front of the house. Mr. Bechthold informed that the Police Department uses judgment calls with gravel driveways. 10h. RESOLUTION PROVIDING FOR THE TRANSFER OF TITLE OF FORMER HUMBOLDT LIQUOR STORE TO SCHOOL DISTRICT NO. 286 Mr. McCauley discussed that School District No. 286 had performed all of its obligations under the lease purchase agreement and that this resolution would provide for the transfer of title of the former Humboldt Liquor Store to School District No. 286. RESOLUTION NO. 2004-90 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE TRANSFER OF TITLE OF FORMER HUMBOLDT LIQUOR STORE TO SCHOOL DISTRICT NO. 286 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10i. REQUEST OF GARDEN CITY PTO FOR PARK BENCHES AND PLAYGROUND EQUIPMENT CONTRIBUTION AT GARDEN CITY SCHOOL Mr. McCauley discussed that the Park and Recreation Commission received and recommended a request from the Garden City Parent Teacher Organization (PTO) for financial assistance related to the purchase of additional playground equipment and two park benches at Garden City Elementary School. Kim Winkleman, representative of the PTO, addressed the Council to present a layout of the proposed plans for the playground and to ask that the Council consider this request. Mayor Kragness questioned how much the PTO had raised already for the playground. Ms. Winkelman informed that she believes the PTO had raised approximately $30,000 to $40,000 and informed that the Brooklyn Center Fire Relief Association had added money for an additional swingset. A motion by Councilmember Carmody, seconded by Councilmember Lasman to accept the recommendation from the Park and Recreation Commission to amend to the Capital Improvements Plan for this funding. Motion passed unanimously. 06/28/04 -9- 10j. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER RELATING TO THE LICENSURE OF PAWNBROKERS Mr. McCauley discussed that the Police Department would like to become part of the Minneapolis Automated Pawn System (APS) to improve efficiency with the City's compliance and regulation of its pawn system ordinance as well as eliminate expenses incurred by our current pawnshop information processing. The proposed ordinance would impose a two - dollar transaction fee that would allocate one dollar to the City of Minneapolis and one dollar to the City of Brooklyn Center. Mayor Kragness questioned what had changed since the last time the Council considered this topic. Mr. McCauley discussed that this system had previously been configured as an additional cost and that the proposal now set forth by Police Chief Bechthold ends up being cost neutral to positive in revenue. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the first reading and set second reading and public hearing on July 26, 2004. Motion passed unanimously. 10k. RESOLUTION RATIFYING ADVANCES TO COVER DEBT SERVICE IN TAX INCREMENT FINANCING DISTRICT NO.2 Mr. McCauley discussed that this resolution would formalize the amounts of money that are to be restored. The restoration will replace monies that were advanced from other funding sources. RESOLUTION NO. 2004-91 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RATIFYING ADVANCES TO COVER DEBT SERVICE IN TAX INCREMENT FINANCING DISTRICT NO. 2 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 101. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES Mr. McCauley discussed that a fee structure had been established to help the increasing growth in single- family rentals that results in increased and repetitive inspections. Councilmember Niesen questioned the costs considered when creating the proposed fee schedule. Mr. McCauley discussed that rough measures were considered with all staff involved and that the estimated annual cost of rental housing inspection, support, and administration is in the range of $100,000 to $130,000. 06/28/04 -10- Looking at the annual cost of inspections, enforcement,education,and administration in excess of $130,000, the annual revenue is in the range of$62,000 per year. That revenue is not even as licenses are on a two-year cycle and one cycle has more units. Councilmember Niesen questioned when the City started licensing rental properties and if there was any State requirements. Planning and Zoning Specialist Ron Warren discussed the history which started in 1976 and informed that was when City's Ordinance Chapter 12 was adopted;and answered that there were no State requirements for rental housing. A motion by Councilmember Carmody to call the question, seconded by Councilmember Lasman. Motion passed. Councilmember Niesen expressed that she is not comfortable with the adoption of this resolution since she is not exactly sure and does not completely understand why Brooklyn Center is licensing R-1 zoned single-family owner occupied dwellings. RESOLUTION NO. 2004-92 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember Niesen voted against the same. Motion passed. 10M. 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 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 13, BLOCK 2, TWIN LAKE WOODS 2' ADDITION, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY,MINNESOTA Mr.McCauley discussed that the Police Department had inspected this property pursuant to a search warrant and that this resolution would order the correction of hazardous conditions or its removal for the property at 5025 Ewing Avenue North. Mayor Kragness questioned how many times this property had been found not in compliance and if the owner was still living at the property. Mr. McCauley was unaware of the number of times and informed that the owner does not reside at this property. RESOLUTION NO. 2004-93 Councilmember Lasman introduced the following resolution and moved its adoption: 06/28/04 -11- 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 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 13, BLOCK 2,TWIN LAKE WOODS 2�D ADDITION,HENNEPIN COUNTY,MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10n. APPROVAL OF MOBILE COMPUTING DEVICES REPLACEMENT AND PURCHASES WITH FORFEITURE FUNDS Councilmember Carmody had asked that this item be removed for further discussion and questioned why the City would be paying more at this time for the mobile computing devices (MCD's). Mr. McCauley discussed that when the Police Department was trying to make the current equipment compatible for the software upgrading process it used an upgrade amount, subsequently it was determined that new MCD's would be the appropriate way to have the equipment capable of meeting the needs with the new software. A motion by Councilmember Carmody,seconded by Councilmember Lasman to approve the MCD's replacement and purchases with forfeiture funds. Councilmember Niesen voted against the same. Motion passed. 11. ADJOURNMENT There was a motion by Councilmember Carmody,seconded by Councilmember Lasman to adjourn the City Council meeting at 8:42 p.m. Motion passed unanimously. lym I City Clerk Mayor 06/28/04 -12-