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HomeMy WebLinkAbout2003 10-13 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 OCTOBER 13, 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:53 p.m. 2. INVOCATION Rev. Alphonso Johnson, Victory Temple Church in St. Paul, 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, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 10/13/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the fifth Deer Task Force meeting on September 24, 2003; the Hands Together for Kids meeting on September 25, 2003; and the Special Events Committee meeting on October 2, 2003. She informed that the Brooklyn Center Birthday Celebration would be on February 7, 2004. Mayor Kragness reported that she attended the Minnesota Mayors Association Conference in Duluth the weekend of October 3. She informed that there were about 25 new out state Mayors and that the attendance from in state Mayors was very low. Councilmember Niesen discussed an incident that had happened to her with a marketing representative. She informed residents that are suspicious about any activity to report to the Police Department. 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 September 22, 2003, 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. MECHANICAL Academy Heating and Air Inc. 9766 Scandia Trail, Forest Lake Ray Welter Heating 4637 Chicago Avenue, Minneapolis Roberts Mechanical Service 1132 60 Avenue, Roberts, WI Seasonal Control, Inc. 6225 Cambridge Street, St. Louis Park Two Sons and a Dad 18580 Elgin Avenue, Farmington 10/13/03 -2- PRIVATE KENNEL LICENSE Lynn Amacher -Malm 5420 Fremont Avenue North RENTAL Renewal: 5424 70' Circle North - Mary Turrotte 5448 Humboldt Avenue North - Francis Kaas 6737 -6743 Humboldt Avenue North (18 Units) - Timothy Keenan 5242 Lakeside Place - Brett and Terry Parker 5601 Lyndale Avenue North - David Theisen 7110 Riverdale Road - James Nelson 5340 -44 Russell Avenue North - Fred and Judie Swenson 6706 Scott Avenue North - Tina Langhans 6845 Willow Lane - David Wagtskjold Initial: 3701 55` Avenue North - Vasher Pha 5901 Aldrich Avenue North - Scott and Vickie Huber 5916 Aldrich Avenue North - Jay Prussman 5712 Bryant Avenue North - May and Xue Yang 6605 Camden Drive - Alexander Lakanu (Lexington Group) 7224 Fremont Avenue North - Steve Jones 7225 Knox Avenue North - Michael Moren 6406 Kyle Avenue North - Oluyemisi Olateju 5720 Logan Avenue North - Patricia Bennis 7067 Perry Avenue North - Samuel Nwanekpe 6221 Shingle Creek Parkway (122 Units) - James Winkels (AMCON) 5842 Vincent Avenue North - Christopher Olson SIGN HANGER Sign Source Inc. 14530 Martin Drive, Eden Prairie 7c. RESOLUTION APPROVING PREMISES PERMIT (RENEWAL) FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT EARLE BROWN BOWL, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER RESOLUTION NO. 2003 -148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PREMISES PERMIT (RENEWAL) FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT EARLE BROWN BOWL, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER 10/13/03 -3- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTIONS FOR THE AMERICAN LEGION (6110 BROOKLYN BOULEVARD) AND CROSS COUNTRY PROPERTIES, LLC (5000 FRANCE AVENUE NORTH) A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve site performance guarantee release /reductions for the American Legion at 6110 Brooklyn Boulevard and the Cross Country Properties, LLC at 5000 France Avenue North. Motion passed unanimously. 7e. RESOLUTION APPROVING FINAL PLAT, EASTBROOK ESTATES RESOLUTION NO. 2003-149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, EASTBROOK ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-150 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10/13/03 -4- 8. APPEARANCES i 8a. BROOKLYN CENTER FIRE RELIEF ASSOCIATION PRESENTATION REGARDING CONTRIBUTION FOR EARLE BROWN DAYS FIREWORKS - RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION FOR THE EARLE BROWN DAYS FIREWORKS Mayor Kragness read and presented a resolution to members of the Brooklyn Center Fire Relief Association. Councilmember Carmody expressed on behalf of the Earle Brown Days Committee that they were very happy to receive the $8,000 donation. RESOLUTION NO. 2003 -151 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION FOR THE EARLE BROWN DAYS FIREWORKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. PAUL HYDE, REAL ESTATE RECYCLING - UPDATE ON THE JOSLYN DEVELOPMENT Mac Hyde addressed the Council to update them on the new market and to bring news that the success of getting to this point in the project resulted in a lot of people that included Brooklyn Center City staff and the City Council. Paul Hyde addressed the Council to update them on the final phase of the Joslyn Development. He informed that the project has resulted in several years of success in signing with Caribou Coffee and that the development should be open in February 2004 with over a $20,000 Million tax base. They hope to have approval for a store and signage by the headquarters building sometime this fall. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES 10/13/03 -5- I City Manager Michael McCauley discussed that this ordinance amendment would remove inconsistent language as part of the process for administering all liquor licenses. 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 Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-15 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2003-018 SUBMITTED BY DEAN GANNON. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE TOWNHOUSE DEVELOPMENT AT THE NORTHEAST CORNER OF 50 AND FRANCE INTO FOUR LOTS AND A COMMON AREA SO THE UNITS CAN BE INDIVIDUALLY OWNED. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 25, 2003, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Application No. 2003 -018 submitted by Dean Gannon requesting for preliminary plat approval to divide the townhouse development at the northwest corner of 50 and France Avenue into four lots and a common area so the units can be individually owned. He informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -018 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall dedicate for right of way purposes a triangular area of approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the City Engineer. This dedication shall be shown on the final plat. 10/13/03 -6- 4. A 5 ft. wide drainage and utility easement shall be provided along the east and west property lines and shall be shown on the final plat. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003 -018 subject to the above four conditions. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN Mayor Kragness read the Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Kathy Wirtanen. RESOLUTION NO. 2003 -152 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llb. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF Mayor Kragness read the Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Henry Dorff. RESOLUTION NO. 2003 -153 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10 /1 3/03 -7- 11C. PROCLAMATION DECLARING OCTOBER 19 -25, 2003, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 19 -25, 2003, To Be Administrative Services Week. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt the Proclamation Declaring October 19 -25, 2003, To Be Administrative Services Week. Motion passed unanimously. 11d. RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREENWAYS, AND PARKS IN THE FIRST TIER COMMUNITIES Mr. McCauley discussed that this resolution would continue support for the First Tier Trails Plan as developed by staff from Three Rivers Park District. RESOLUTION NO. 2003-154 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREENWAYS, AND PARKS IN THE FIRST TIER COMMUNITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. Ile. RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXTEND INSURANCE AGENT SERVICES Mr. McCauley discussed that this resolution would authorize execution of an agreement to extend insurance agent services. The City had authorized a contract with T.C. Field Company in 2002 that expires December 31, 2003. T.C. Field Company had submitted a renewal quote that appears to be reasonable for services until December 31, 2004. RESOLUTION NO. 2003 -155 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXTEND INSURANCE AGENT SERVICES 10/13/03 -8- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llf. 2003 CITY COUNCIL MEETING SCHEDULE AMENDMENTS Mr. McCauley suggested amending the 2003 City Council Meeting Schedule to add a Special Session for a bond issue before the Work Session on November 17, 2003. The Special Session will start at 6:00 p.m. in the Council Chambers with the Work Session immediately following the Special Session. A motion by Councilmember Lasman, seconded by Councilmember Peppe to amend the 2003 City Council Meeting Schedule to add a Special Session and amending the Work Session meeting time on November 17, 2003. Motion passed unanimously. llg. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 Mr. McCauley discussed that this ordinance amendment is required to comply with State Building Codes and would reflect the State of Minnesota's move to the new 2000 International Building Code. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on November 10, 2003. Motion passed unanimously. llh. AN ORDINANCE AMENDING SECTIONS 11 -604 AND 11 -704 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING APPLICATIONS FOR INTOXICATING LIQUOR LICENSES Mr. McCauley discussed that this ordinance amendment would incorporate the recommended changes to maintain consistency in the application process in Sections 11 -604 and 11 -704 as part of the process for administering all license applications. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on November 10, 2003. Motion passed unanimously. 10/13/03 -9- iii. RESOLUTION AUTHORIZING THE CONSENT TO PROCEED WITH PLANNING FOR DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM WITH THE INTENTION OF PARTICIPATING IN THE REGIONAL SYSTEM AND THAT THE METROPOLITAN RADIO BOARD BE NOTIFIED OF BROOKLYN CENTER'S INTENTION AND REQUEST ANY STATE OR FEDERAL FINANCIAL INCENTIVES THAT MAY BE OFFERED Mr. McCauley discussed that in order for the Police and Fire Departments to communicate with the County the City needs to upgrade its radio communication system. This resolution would authorize the consent to proceed with planning for development of the upgrade and allows the City to apply for grants available from the Minnesota Department of Public Safety and the U.S. Department of Justice. Councilmember Peppe questioned if approving this would anyway hinder other means of dispatching. Mr. McCauley responded that this would not hinder other means of dispatching. RESOLUTION NO. 2003-156 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO PROCEED WITH PLANNING FOR DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM WITH THE INTENTION OF PARTICIPATING IN THE REGIONAL SYSTEM AND THAT THE METROPOLITAN RADIO BOARD BE NOTIFIED OF BROOKLYN CENTER'S INTENTION AND REQUEST ANY STATE OR FEDERAL FINANCIAL INCENTIVES THAT MAY BE OFFERED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11j. RESOLUTION AUTHORIZING AUDIT SERVICES FOR FISCAL YEAR 2003 Mr. McCauley discussed that this resolution would authorize audit services for fiscal year 2003 with the addition of the Statements of Auditing Standards (SAS), which is a new requirement for 2003. RESOLUTION NO. 2003-157 Councilmember Lasman introduced the following resolution and mov ed its adoption: op o n: RESOLUTION AUTHORIZING AUDIT SERVICES FOR FISCAL YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10/13/03 -10- Ilk. AN ORDINANCE RELATING TO DEER HUNTING WITHIN THE CITY OF BROOKLYN CENTER FOR THE PURPOSE OF POPULATION CONTROL Mr. McCauley discussed that Assistant City Manager Curt Boganey has been working with the Deer Management Task Force and that the task force will be recommending bow hunting as a means of reducing the deer herd in Brooklyn Center. The task force will continue to finalize a Deer Management Plan and is seeking approval of a first reading of an ordinance amendment to allow adequate time for publication. Councilmember Niesen expressed concern about the vague language in section 2 (d) of the ordinance amendment. Mr. McCauley suggested that the ordinance amendment could be amended to read: the harvesting of deer pursuant to a Deer Management Plan as allowed under permit issued by the City Manager or City Manager's designee and subject to any conditions and limitations established by the City Manager. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve first reading and set seconding reading and public hearing on November 10, 2003, with the amendment in section 2 (d) to read: the harvesting of deer pursuant to a Deer Management Plan as allowed under permit issued by the City Manager or City Manager's designee and subject to any conditions and limitations established by the City Manager. Motion passed unanimously. 111. FIBER INFRASTRUCTURE PROJECT Mr. McCauley discussed that the City had been asked to participate with a fiber optic infrastructure project with LOGIS and Hennepin County. Under the proposed proposal the City would share in the cost with Hennepin County and thereby reduce the overall cost to the City of that connection. The approximate cost to the City would be $60,000 of an estimated $98,000. He informed that he believes this project would be the most orderly way to proceed. Councilmember Niesen expressed that she appreciates the efforts of updating computers; however, she is not comfortable with making a decision at this time. She would like to further look into the deadline and more information regarding the project. Councilmember Carmody expressed that this would not be her favorite way to spend money; however, this is a project that she believes needs to move forward. Councilmember Niesen informed that she is not comfortable spending the $60,000 for this project and will not support this project. She informed that she would like more time. A motion by Councilmember Carmody, seconded by Councilmember Peppe to commit participation in the fiber optic infrastructure project with LOGIS and Hennepin County Library. Councilmember Niesen voted against the same. 10/13/03 -11- Councilmember Peppe requested that there be language added regarding no any additional costs to the City and suggested that the motion be contingent on that request. Councilmember Lasman informed that she believes the City has to act upon things when the opportunity is there even though the decision is a rough one at this time. Mr. McCauley suggested that there be an amendment contingent with fiber optic infrastructure to use the permit application with the PIMs system. Motion P assed. 11M. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT 69 AND BROOKLYN BOULEVARD SHOPPING CENTER Mr. McCauley discussed that a lease had been negotiated for a liquor store at 69 Avenue and Brooklyn Boulevard and is favorable. This site would be lower in money in cost accomplished through gross sale net and the other advantage would be that the landlord would be taking care of the site. RESOLUTION NO. 2003-158 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT 69 AND BROOKLYN BOULEVARD SHOPPING CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:09 p.m. Motion passed unanimously. City Clerk Mayor 10/13/03 -12-