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HomeMy WebLinkAbout2004 07-26 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 JULY 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 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, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. 2. INVOCATION A moment of silence was offered. 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, Planning and Zoning Specialist Ron Warren, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 07/26/04 -1- 6. COUNCIL REPORT Councilmember Carmody reported that she attended the St. Louis Park Excelsior and Grand Development presentation and tour. Councilmember Lasman reported that she attended the Youth Ride Breakfast on July 14, 2004, the Association for Rental Management (ARM) meeting on July 15, 2004, the St. Louis Park Excelsior and Grand Development presentation and tour on July 21, 2004, and the Crime Prevention meeting on July 21, 2004. She mentioned that the National Night Out Kick -Off Event will be held on August 2, 2004, and that the regular National Night Out events will be held on August 3, 2004. Councilmember Lasman informed that on August 7, 2004, 10:00 a.m. to 2:00 p.m., Brookdale Ford in Brooklyn Center would be sponsoring a DNA testing for children and that all tests would be provided to the parents. If people are interested in more information about the event they are to call Brookdale Ford at 561 -5500. Councilmember Niesen reported that she had spent time de- weeding in the Twin Lake Area and that she wished to express thanks to City staff for keeping the parks upkeep. 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. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the July 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. AMUSEMENT DEVICES Coyote Grille 2101 Freeway Boulevard Scoreboard Pizza 6816 Humboldt Avenue North GARBAGE HAULER Anamaz Transportation Corporation 505 Hardman Avenue, South St. Paul Waste Management 10050 Naples Street NE, Blaine 07/26/04 -2- MECHANICAL Silvernail Enterprises Ltd. 6603 36 Avenue North, Crystal Minnesota Heating and Air 1070193 d Avenue North, Maple Grove Superior Contractors Inc. 6121 42nd Avenue North, Crystal RENTAL 5235 Drew Avenue North - Jay Nelson Battenberg 5412 and 12 '/a Fremont Avenue North - Gary Anakkala 5351 Irving Avenue North - HCM Investment (Frank Mayers) 4207 Lakeside Avenue #122 - Donna Kabanuk 4214 Lakeside Avenue North - James Shoultz 6125 -6201 Lilac Drive North (138 Units) - Lang Nelson Associates 5505 Lyndale Avenue North - Brett Hildreth 5519 and 23 Lyndale Avenue North - Brett Hildreth 5306 Russell Avenue North - Donna Reinarz 2401 -03 54' Avenue North - Joseph Hoffman 1425 55`' Avenue North (4 Unit Complex) - Trung Duong 419 67' Avenue North - Luke Wilhelmi 6207 Chowen Avenue - Doreen Kalema 5401 France Avenue North - Dang Vang 5737 Halifax Avenue North - Stephen Menya 5746 Irving Avenue North - Kathy Becker 7224 Major Avenue - Kao Vang 7068 Unity Avenue North - Maurice Roberts 731 Woodbine Lane - Ebassa Berhanu 5101 Xerxes Avenue North - Darnella Anderson -Bonds 6661 Xerxes Place North - Igor Epshteyu SIGN HANGER Nordquist Sign Company Inc. 312 West Lake Street, Minneapolis 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2004-96 Councilmember Carmody 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 Lasman. Motion passed unanimously. 07/26/04 -3- 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER RELATING TO THE LICENSURE OF PAWNBROKERS City Manager Michael McCauley discussed that this ordinance would 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. A motion by Councilmember Lasman, seconded by Councilmember Carmody 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. 2004-16 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER RELATING TO THE LICENSURE OF PAWNBROKERS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2004-009 SUBMITTED BY FRAUENSHUH COMPANIES. REQUEST FOR ANOTHER PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A 4,195 SQ. FT. DAIRY QUEEN GRILL AND CHILL IN THE NORTH PARKING LOT OF BROOKDALE CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 15, 2004, MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004 -009 SUBMITTED BY FRAUENSHUH COMPANIES 07/26/04 -4- Planning and Zoning Specialist Ron Warren discussed the applicant for Planning Commission Application No. 2004 -009 had requested an amended Planned Unit Development (PUD) since the Council last approved the first request for a PUD. The amendment would be a modification in the location of the building and the drive lanes previously approved in order that they not be required to construct a three -foot high decorative masonry wall. The purpose of the decorative wall was to offset or mitigate the negative effects of the lessened greenstrip. The new proposal has factors and attributes that the applicant believes should relieve them of providing the decorative wall that has become an expensive obstacle. Mr. Warren informed that the resolution before the Council this even_ ing acknowledges the history and conditions for approval of this PUD. . Councilmember Niesen expressed that she is in favor of a larger greenstrip; however, has a concern about the walkway off of Bass Lake Road. Mr. Warren informed that currently the walkway is an existing walkway and that the only thing that is changing is the additional paved walkway on the property to the building. Councilmember Carmody expressed that she believes the greenstrip will be a nice factor; however, she believes that the applicant will regret not putting up a fence and that they will have problems with pedestrian traffic. RESOLUTION NO. 2004-97 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-009 SUBMITTED BY FRAUENSHUH COMPANIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF CENTERBROOK GOLF COURSE Mayor Kragness read the resolution expressing appreciation for the $2,000 donation of the Brooklyn Center Fire Relief Association in support of new chairs at Centerbrook Golf Course. RESOLUTION NO. 2004 -98 Councilmember Lasman introduced the following resolution and moved its adoption: 07/26/04 -5- RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10b. RESOLUTION REQUESTING BROOKLYN CENTER CHARTER COMMISSION TO REVIEW SECTION 4.04 OF THE CITY CHARTER Mr. McCauley discussed that this resolution would request the Brooklyn Center Charter Commission to review Section 4.04 of the City Charter and asks them to make a recommendation to the City Council if raising the filing fees for candidates filing for municipal offices from $5 to somewhere in the range of $25 to $50 would be appropriate. A motion was made by Councilmember Lasman to adopt the resolution. Councilmember Carmody asked that there be a deadline added to the resolution. Councilmember Lasman asked that information be provided as to how much money it is to have a Primary Election and what the savings would be if the City did not hold a Primary Election. Mr. McCauley informed that the resolution could be adopted with an amendment of adding a request to be received by the end of 2004 and that there would need to be a separate motion to direct staff to prepare information for the Charter Commission as to how much money is involved with a Primary Election. Councilmember Lasman withdrew her earlier motion and made a new motion to adopt the resolution with an amendment of adding to the resolution a deadline by the end of 2004. RESOLUTION NO. 2004 -99 Councilmember Lasman introduced the following resolution and moved its adoption with an amendment of adding a response deadline by the end of 2004: RESOLUTION REQUESTING BROOKLYN CENTER CHARTER COMMISSION TO REVIEW SECTION 4.04 OF THE CITY CHARTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen informed that she would oppose raising the filing fees and that she believes people should be able to run for municipal offices freely. She had researched a few other cities and there are some cities that charge only a few dollars and some that charge no filing fees. 07/26/04 -6- Councilmember Peppe informed that he opposes raising the filing fees and that he believes raising the filing fees would discriminate against those who cannot afford a higher fee and wish to serve in their community. Councilmember Lasman informed that she is aware of two other cities that have a higher filing fee and that she believes it is appropriate to ask the Charter Commission to review this request. Councilmember Carmody informed that she is not highly in favor of raising the filing fees; however, she believes it is appropriate of the Charter Commission to review this request. Councilmember Niesen and Councilmember Peppe voted against the same. Motion passed. loc. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH (TANGLETOWN) NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Director of Public Works /City Engineer Todd Blomstrom outlined the Lions Park South Neighborhood Project and discussed the funding sources, project purpose, and the preliminary project schedule. Councilmember Carmody questioned how many more years to complete the entire City. Mr. Blomstrom responded that during the budget process this year staff will be expanding the time projection for the Capital Improvement Program that a better answer would be available after the budget discussions. RESOLUTION NO. 2004 -100 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH (TANGLETOWN) NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 07/26/04 -7- 10d. REQUEST FOR APPROVAL OF ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD - RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA Mr. McCauley discussed since the Council last had discussions with the Brooklyn Park Youth Hockey Association ( BPYHA) regarding an ordinance amendment to allow them to conduct lawful gambling at the Coyote Grille in Brooklyn Center had submitted a premises permit. Mr. McCauley outlined the history of the matter and informed the Council that they are being asked this evening to consider if the BPYHA qualifies under the current ordinance to conduct lawful gambling at Coyote Grille in Brooklyn Center. The following addressed the Council to discuss the BPYHA request and to ask that the Council consider the premises permit: Jay Anderson, Vice President Brian Schipper, Officer at Large Bob Eggerichs, President Kurt Carman, Gambling Manager Resident of Brooklyn Center who has three boys playing hockey through the BPYHA Nick Grammas, Owner of Coyote Grille Mr. Anderson outlined a PowerPoint Presentation that discussed why they were before the Council this evening, who they represent, what the BPYHA does, the plan for growth into Brooklyn Center, the Brooklyn Center spending and details, and other financial benefits to the City of Brooklyn Center businesses. During the presentation Mayor Kragness asked how many children in their association are from Brooklyn Center. Mr. Anderson replied that there are approximately 22 children out of 450 in the program. Councilmember Niesen questioned the mission statement and language provided in the BPYHA By -laws as to why Brooklyn Center is not listed. Mr. Anderson informed that the By- laws have not been updated within the last three years. Mr. Eggerichs discussed that they are not asking for an ordinance amendment and that he believes they qualify under the current ordinance to conduct lawful gambling at Coyote Grille. Councilmember Lasman recapitulated an opinion from the City Attorney that outlined what the Council would need to consider in determining if the BPYHA qualifies to conduct lawful gambling at Coyote Grille. 07/26/04 -8- Mr. Eggerichs informed that their State license would be up for renewal in seventeen months. He asked that the Council consider approving their premises permit until then and review their permit at that time. City Attorney Charlie LeFevere discussed that the City would not have the authority to grant a license and then decide to take the license away. Councilmember Carmody discussed that looking at the six requirements outlined by the City Attorney, the BPYHA only meets one of the requirements and that this would be a problem qualifying the BPYHA as a Brooklyn Center organization. A motion by Councilmember Carmody, seconded by Councilmember Lasman to deny approval of the issuance of a premises permit for the BPYHA to conduct lawful gambling at Coyote Grille, 2101 Freeway Boulevard. Councilmember Lasman expressed that the Council needs to stand by the ordinance the way it was written. Councilmember Niesen expressed that she hopes that the BPYHA will integrate Brooklyn Center as part of their future endeavors and hopes that they will come back before the Council once they have been established for more than three years in Brooklyn Center. Motion passed unanimously. 10e. DISPOSITION OF OBSOLETE AIR PACS Mr. McCauley discussed that the Fire Chief has advertised old breathing equipment for sale in various fire and government publications with no responses or inquires expressed for interest in purchasing the old air pacs. The Fire Chief had contacted fire equipment dealers and found one that would be interested in paying the City for used air pacs. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the sale of Clary's Fire Equipment for merchandise credits. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adj ourn the City Council meeting at 9:02 p.m. Motion passed unanimously. City Clerk Mayor (I 07/26/04 -9-