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.
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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
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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
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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.
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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.
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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.
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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:
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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.
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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.
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City Clerk Mayor
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