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HomeMy WebLinkAbout2003 11-24 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 NOVEMBER 24, 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 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 11/24/03 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Twin Lake Water Quality and Monitoring meeting and the View Pointe opening event. Councilmember Lasman reported that she attended the Crime Prevention meeting on November 12, 2003; Brooklyn Center Special Events Committee meeting on November 13, 2003; the Neighborhood Block Captain Recognition Event on November 19, 2003; and the Hands Together for Kids meeting, View Pointe opening event, and Twin Lake Water Quality and Monitoring meeting on November 20, 3003. Councilmember Niesen reported that she attended the Park and Recreation Commission meeting on November 18, 2003; and the Twin Lake Water Quality and Monitoring meeting on November 20, 2003. Mayor Kragness noted that the Peacemaker's Dinner is on December 6, 2003, and if anyone was interested to contact the Brooklyn Peacemaker's office. She informed that there are vacancies on the Planning, Finance, and Housing Commissions and any persons interested should contact the City Clerk. 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 November 10, 2003, study, regular, and work session; and the November 17, 2003, joint work session with Financial Commission 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. CHRISTMAS TREE SALES Malmborg's Garden Center 5120 North Lilac Drive 11/24/03 -2- MECHANICAL Air Conditioning Associate 689 Pierce Butler Route, St. Paul Apollo Heating & Vent Corp. 6510 Highway 36 Boulevard North, Oakdale Conrad Mechanical Contractors LLC 509 1 St Avenue NE, Minneapolis DeZiel Heating & A/C 1612 3 rd Avenue NE, Buffalo RENTAL Renewal: 1202 57 Avenue North - Edward Doll 5104 E Twin Lake Boulevard - Nya Bowman Initial: 509 61 Avenue North - Tim Daniel 5324 -26 James Avenue North - Steven Elhardt 3812 Janet Lane - Mains'1 Services 5406 Sailor Lane - DeJon Harris SIGNHANGER Equity Construction Co 25620 Park Lane, Shorewood 7c. RESOLUTION SETTING 2004 CAFETERIA PLAN CONTRIBUTION FOR NON -UNION EMPLOYEES RESOLUTION NO. 2003 -183 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING 2004 CAFETERIA PLAN CONTRIBUTION FOR NON -UNION EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. AMEND START TIME FOR DECEMBER 15, 2003, FACILITATED COUNCIL RETREAT A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the start time for the December 15, 2003, Facilitated Council Retreat to 2:30 p.m. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 11/24/03 -3- i City Manager Michael McCauley discussed that a question had been raised on how the enforcement will be implemented and suggested that this item be continued to the November 24, 2003, meeting. Since that meeting there had not been enough information prepared and he suggested re- opening the public hearing and continue the public hearing to December 8, 2003. A motion by Councilmember Lasman, seconded by Councilmember Carmody to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Peppe to continue the Public Hearing to December 8, 2003. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC SERVICE OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL AND ADOPT -A- STREET PROGRAMS Mr. McCauley discussed this resolution would recognize the organizations that assist with the maintaining of parks, trails, public grounds, and streets. Mayor Kragness read the following: Allina Receivable Services Applebee's Centerfield Cafe & Bar Boy Scout Troop #401 Boy Scout Troop #454 Brookdale Chrysler Plymouth Brooklyn Center High School Centaurs Eclipse Program B.C. Explorers Brooklyn Center Lions Club Brooklyn Center Lioness Club Brooklyn Center Park & Recreation Commission Brooklyn Center Rotary Club Brooklyn United Methodist Church Brookpark Dental Center Bullfrogs and Butterflies Childcare Children's Residential Services Cub Scouts Pack 299 Cub Scouts Pack 401 Cub Scouts Pack 454 Earle Brown School Community Evergreen Park School & PTO Friends of Riverdale Park Garden City Elementary Girl Scout Troop #409 11/24/03 -4- Girl Scout Troop #2191 Jill White Kids On The Move Daycare Minneapolis North Hilton Staff Moms Club of Brooklyn Center/Minneapolis North Odyssey Charter School Palmer Lake Elementary Rise Creative Partnerships Riverwood Neighborhood Association Russell Bankson Target, Brooklyn Center "Good Neighbors" Tim Olson Councilmember Carmody expressed that she is happy to see kids participating. RESOLUTION NO. 2003-184 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC SERVICE OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION EXPRESSING APPRECIATION TO TARGET FOR THEIR DONATION OF $750 FOR THE POLICE DEPARTMENT FOR THE PURCHASE OF DIGITAL CAMERAS Mr. McCauley discussed that this resolution recognizes the donation of $750 from Target for the Police Department to purchase digital cameras. RESOLUTION NO. 2003-185 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION TO TARGET FOR THEIR DONATION OF $750 FOR THE POLICE DEPARTMENT FOR THE PURCHASE OF DIGITAL CAMERAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9c. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHUCK WAGON LIQUOR VIOLATION 11/24/03 -5- Mr. McCauley discussed that the City Attorney drafted a consent order calling for the licensee, Chuck Wagon Grill, to pay a $1,000 penalty for violations that occurred on May 22, 2003. RESOLUTION NO. 2003-186 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHUCK WAGON LIQUOR VIOLATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9d. RESOLUTION ACCEPTING THE AUTO THEFT PREVENTION GRANT Mr. McCauley discussed that the Police Department successfully received $126,320 from the 2003 Auto Theft Prevention Grant Program. RESOLUTION NO. 2003-187 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE AUTO THEFT PREVENTION GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9e. DISCUSSION ON POTENTIAL AMENDMENT TO THE DEER MANAGEMENT PLAN Mr. McCauley discussed that the Council had recently accepted a report and adopted a Deer Management Plan that contemplated not bow hunting after Noon. Assistant City Manager/Director of Operations Curt Boganey had been informed that the early morning hours are not the best time for deer harvesting during the winter. Mr. Boganey discussed that the plan adopted by the Council anticipated bow hunting this December. Due to the publishing requirement the effective date of the ordinance adopted would be December 20, 2003. Because of school vacations it has been decided to forego the deer hunting for 2003. In order to proceed with the implementation of the plan, a deer - harvesting program using bow hunters under a special permit from the Department of Natural Resources is proposed. This special permit would allow the harvesting after the deer hunting season ends. It is recommended that the hunting be allowed during the hours of Noon and 7:00 p.m. 11/24/03 -6- The actual hunting process would end thirty minutes after sunset and the additional time after sunset to 7:00 p.m. would be to get the deer carcasses out of the park. Councilmember Carmody questioned how people would be notified. Mr. Boganey discussed that the surrounding residents would be notified, and postings and barricades would be placed around the park. There will be police and volunteers helping with the hunts and they also hope to have the Brooklyn Park Reserves and Police Department helping with the hunts. Mr. Boganey informed that be believes there will be little interference during the hunts and that there have been agencies who have these types of hunts while parks remain open. Councilmember Lasman expressed that she still has a concern about children in the park. She asked if the hours of 10 a.m. through 5:00 p.m. would work and if these hours would be an appreciable difference. Mr. Boganey discussed that he believes those hours could have an appreciable effect and that he would consult with the agencies and report back to the Council. Councilmember Lasman asked if the deer hunting would be done during deer hunting season next year. Mr. Boganey responded that the hunting would be done during hunting season in years to follow. 9f. RESOLUTION CREATING TECHNOLOGY FUND Mr. McCauley discussed that this resolution would create a Technology Fund to facilitate planning for technology replacement. Currently technology replacement and items such as fiber optics are under funded. When funds are identified from the General Fund or other sources they can be transferred into this fund to provide resources for technology needs. This will assist in developing resources for any future needs. Councilmember Peppe questioned how much would be allocated for this fund and if the Council will have to approve expenditures. Mr. McCauley discussed that he would like to eventually have a meaningful balance and that the process for Council approval of items over $50,000 will be the same for this fund as any other fund. Councilmember Carmody inquired why this fund needs to be created and questioned the current funding for technology. Mr. McCauley discussed that it would be helpful to have an annual fund to purchase technology items and that there could be potential cost savings. Councilmember Lasman asked how much funding source of grants and unspent funds from the General Fund would be allocated for the Technology Fund. Mr. McCauley informed that point there would be $25,000 in the 2004 budget for transfer and he was reviewing what surplus 2003 monies might be available for transfer. 11/24/03 -7- i Councilmember Carmody expressed that she does not believe there is any reason for management of a separate fund for technology. Mr. McCauley discussed that an alternative would be to put money into the Capital Projects Fund and identify monies in the plan. Mayor Kragness about if the creation of this plan would simplify the process for the accounting staff. Mr. McCauley responded that there will be a little more work for the accounting staff; however, no more difficult. Councilmember Niesen expressed that she hopes the creation of this fund will help to keep things for technology needs up to date and makes the funding clear. RESOLUTION NO. 2003-188 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CREATING TECHNOLOGY FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9g. UPDATE ON PROVISIONAL LICENSE ORDINANCE Mr. McCauley updated the Council on the provisional license ordinance. He informed that the Police Department will be reviewing results in December and reporting to the Council in January 2004 on the implementation. Councilmember Carmody informed that she attended the last Association for Rental Management (ARM) meeting and that landlords discussed the calls for service and the outcome of calls listed on the sheets provided. She believes they will have a better understanding of the types of calls while they continue to work with the Police Department on the calls for service. Councilmember Lasman questioned once the implementation of this ordinance gets going if the Police will be reviewing rental properties every month. Mr. McCauley responded that the process would be a rolling six months. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 7:53 p.m. Motion passed unanimously. City Clerk Mayor � 11/24/03 -8-