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HomeMy WebLinkAbout2003 08-11 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 AUGUST 11, 2003 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. ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:47 p.m. 2. INVOCATION Margaret Dillon, St. Alphonsus Church, offered the invocation. 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 7:03 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, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 08/11/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended a Hennepin County Reform Assistance Program and a meeting held regarding deer management. Councilmember Lasman reported that she attended a Crime Prevention Program meeting on July 16, 2003; the 20 Neighborhood Watch Celebration on July 23, 2003; and National Night Out on August 5, 2003. She informed that there would be a Senior Fair on October 11, 2003. Councilmember Peppe reported that he attended the Financial Commission meeting on August 4, 2003; and that the Financial Commission is one step closer to handling the budget. Councilmember Niesen reported that she participated in National Night Out on August 5, 2003,with her neighborhood and expressed thanks to those who helped with National Night Out. Mayor Kragness reported that she was not able to attend National Night Out this year due to foot surgery. She informed that she had attended a Community Giving Program sponsored by Marshall Field's and that Evergreen Park Elementary was presented $3,000 for their reading program. She discussed that every year Marshall Field's, Mervyn's, and Target stores provide $7,000 per year and that the other two stores should be checked into for next year. 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 July 23, 2003, special session and the July 28, 2003, study and regular sessions 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. MECHANICAL Dave's Heating & Air Inc. 11601 37 Avenue NE, Columbia Heights S B S Mechanical Inc. 7160 Madison Avenue West, Golden Valley 08/11/03 -2- RENTAL Renewal: 4700 68 Avenue North Michael and Kristina Bowe 5444 Bryant Avenue North Ralph Johnson 5316 Russell Avenue North Lewis and Vivian Hedlund Initial: 3701 47 Avenue North Drew Kabanuk 5347 -53 Brooklyn Boulevard Randy Cook 5715 Knox Avenue North Xiong Yang 5223 Twin Lake Boulevard E Donna Kabanuk SIGN HANGER Color Sign Service, Inc. 11096 61 Street NE, Albertville 7c. RESOLUTION REGARDING TAX FORFEITED LAND RESOLUTION NO. 2003-114 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING TAX FORFEITED LAND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. APPROVAL OF CONTRACT BETWEEN THE CITY OF BROOKLYN CENTER, SCHOOL DISTRICT NO. 011, AND HENNEPIN COUNTY FOR THE USE OF BROOKLYN CENTER'S COUNTY -OWNED ELECTION EQUIPMENT BY THE SCHOOL DISTRICT A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve a contract between the City of Brooklyn Center, School District No. 011, and Hennepin County for the use of Brooklyn Center's County -owned election equipment by the School District. Motion passed unanimously. 7e. AMENDING 2003 CITY COUNCIL MEETING SCHEDULE A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the August 18, 2003, Work Session to 6:30 p.m.; reschedule the October 6, 2003, Work Session to October 20, 2003; and amend the City Council Retreat to 8:30 a.m. Motion passed unanimously. 7f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 08/11/03 -3- I RESOLUTION NO. 2003-115 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. 7g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003-13,2003 STREET SEALCOAT RESOLUTION NO. 2003 -116 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003 -13, 2003 STREET SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7h. RESOLUTION APPROVING FINAL PLAT FOR ONEILLS ESTATES RESOLUTION NO. 2003-117 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT FOR ONEILLS ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH City Manager Michael McCauley discussed that Xcel Energy had requested additional time to review issues in relation to an existing easement that did not appear on the preliminary plat. He suggested tabling the ordinance to the August 25, 2003, meeting. 08/11/03 -4- A motion by Councilmember Lasman, seconded by Councilmember Peppe 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. A motion by Councilmember Lasman, seconded by Councilmember Peppe to table the ordinance to August 25, 2003. Motion passed unanimously. 8b. AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 Mr. McCauley discussed that Garden City Elementary School is planning an expansion and that this ordinance vacation request is for a portion of utility along Garden City Elementary School, Osseo School District No. 279. 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. 2003 -08 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS Mr. McCauley discussed that currently the licensing operation is divided between the Police and Administration Departments. This ordinance amendment would streamline and create more uniformity with services consolidated in one place. 08/11/03 -5- 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 Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-09 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2003 LANDSCAPE AND GARDEN CONTEST Mr. McCauley presented a PowerPoint presentation of the following winners from the 2003 Landscape and Garden Contest. Councilmember Lasman read the resolution acknowledging the following: Judge's Award for Outstanding Backyard Garden - Barbara Mielke, 7230 Bryant Avenue North Judge's Award for Outstanding Landscape /Hardscape - Walt Wenholz, 501 69 Avenue North Judge's Award for Most Transformed Space - Clarice Bailey, 5424 Irving Avenue North Judge's Award for Best Small Space Garden - Nancy Blom, 2820 67 Lane North RESOLUTION NO. 2003-118 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2003 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 08/11/03 -6- 9b. REPORT ON DEER MANAGEMENT Mr. McCauley discussed that Assistant City Manager/Director of Operations Curt Boganey held a meeting to discuss deer and that the vast majority of the citizens who attended requested that the City proceed with the development of a deer management plan. He informed that if the Council were to direct staff to proceed with the development of a deer management plan that the completed target date would be the end of October 2003. This deer management plan would come back to the Council for consideration. Councilmember Carmody questioned if the deer hunting process would have to be done during hunting season and how the citizens will be notified of this process. Mr. Boganey informed that the hunting season is September 1 through December 31, 2003, and that this process can also be done by permit if the process is done during a timeframe other than hunting season. Mr. McCauley discussed that the notification to residents will be determined as part of the development of the deer management plan. Councilmember Carmody expressed that she would like to keep the costs minimal for this process. A motion by Councilmember Lasman, seconded by Councilmember Niesen to direct preparation of a draft deer management plan. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO DISCUSSIONS WITH THE HENNEPIN COUNTY BOARD REGARDING PUBLIC SAFETY COMMUNICATION SERVICES Mr. McCauley discussed that this resolution would authorize entering into discussions with the Hennepin County Board regarding public safety communication services. The purpose of the discussions will be to explore potential provision of dispatch services by Hennepin County. Councilmember Niesen expressed concern about the dispatching being done through Hennepin County since there are several other cities already being provided dispatching services through Hennepin County. Mayor Kragness discussed that she had been visited the New Hope 911 Service Station and that she believes all calls will be answered with the same efficiency. Councilmember Lasman expressed that she would like a ratio included with a total per capita on calls included with the outcome of the discussions. Councilmember Niesen expressed that she would like to hear what the City's current dispatchers and officers have to say about this issue. RESOLUTION NO. 2003-119 Councilmember Lasman introduced the following resolution and moved its adoption: 08/11/03 -7- RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO DISCUSSIONS WITH THE HENNEPIN COUNTY BOARD REGARDING PUBLIC SAFETY COMMUNICATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9d. CODE ENFORCEMENT REPORT Mr. McCauley presented a PowerPoint presentation on the report received from the Code Enforcement team. He summarized the 1,010 violations and informed that there had been 816 first letters, 174 second letters, 597 compliance /thank you letters, and that there had been seven citation/formal complaints received. Councilmember Niesen questioned who receives the compliance letters if a home is not occupied. Mr. McCauley discussed that the landlord receives the letter and that if someone out of state is renting a property, the owner must have local management. 9e. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS AND REPORT ON ADDITIONAL FEES FOR 2:00 A.M. CLOSING Mr. McCauley informed the Council that two draft ordinances had been prepared and that Council direction is required before introducing a first reading and setting a second reading. The first draft, (Revised Draft A) ordinance would require a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statutes and obtain the State license, as well as obtain a special license from the City with proposed fees for the extended hour. The second draft (Draft B) would require a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statutes and obtain the State license with no additional special license from the City and no additional fees. Mayor Kragness expressed that she believes it would be in the best interest for the City to charge an additional fee for the additional police hours that will be required with the 2:00 a.m. closings. Mr. McCauley noted that if the Council were to approve the first reading on one of the drafted ordinances, the date for the second reading and public hearing would need to be set for September 22, 2003, in order to notify the liquor license holders of the public hearing within the requested timeframe. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the Revised Draft A ordinance first reading and set second reading and public hearing on September 22, 2003. Motion passed unanimously. 08/11/03 -8- 9f. REPORT ON TAXICAB LICENSING Mr. McCauley discussed that the Police Department had done some research and had contacts with All Around Transportation and the Metropolitan Airports Commission (MAC) regarding licensing procedures for taxicabs. After conversations and research regarding the licensing of taxicabs, it is recommended that the Council consider re- enacting a taxicab license for taxicab companies. It appears that the ability to have other entities license taxicabs in lieu of the City is becoming unfeasible. If the Council were to consider re- enacting a taxicab license for taxicab companies, the individual taxicab companies will do the screening, maintain a roster of drivers, and complete background checks along with monitoring the driver's eligibility. It was the consensus of the Council to pursue re- enacting of the taxicab license ordinance. 9g. SET AUGUST 18, 2003, AT 6 P.M. FOR SPECIAL CITY COUNCIL MEETING TO CONSIDER UTILITY RELOCATION DE- WATERING REQUEST FROM MN/DOT Mr. McCauley requested that the Council set a special meeting to consider a utility relocation de- watering request from the Minnesota Department of Transportation (Mn/DOT). A motion by Councilmember Lasman, seconded by Councilmember Carmody to set August 18, 2003, 6:00 p.m. for Special City Council meeting to consider utility relocation de- watering request from Mn/DOT. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:00 p.m. Motion passed unanimously. .o� City Clerk Mayor 08/11/03 -9-