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HomeMy WebLinkAbout2004 02-09 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 FEBRUARY 9, 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, Public Works Director /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 observed. 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, 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. 02/09/04 -1- 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Brooklyn Center 93 Birthday Celebration Event; and informed that the Brooklyn Center Police Department will be hosting two Community Outreach meetings on February 18 and February 19, 2004, at the Community Center. Councilmember Lasman reported that she attended a Metropolitan Transit Workshop on January 27, 2004; Special Events Committee meetings on January 27 and February 5, 2004; and the Brooklyn Center 93 Birthday Celebration Event on February 7, 2004. Councilmember Niesen informed that the Metropolitan Transit has a survey on -line regarding new bus routes to and from the new Transit Station in Brooklyn Center; that there is a Town Hall meeting on February 12, 2004, at the Community Center in the Phil Cohen Room; and that the Brooklyn Historical Society will be hosting an event January 29 through May 1, 2004. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda with the suggested amendment to the January 26, 2004, Regular City Council minutes. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the January 26, 2004, study, regular, and work session minutes, with the following amendment on page 6 of the regular meeting minutes reading: Councilmember Carmody informed that one of her recommendations would be to put a pedestrian access at the Cub Foods corner. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. RENTAL Renewal: 6230 Kyle Avenue North - Warren McLaughlin 6821 Noble Avenue North - Reuben and Diane Ristrom 6835 Noble Avenue North - Robert Berglund 02/09/04 -2- Initial: 2106 Brookview Drive - Roy Underhill 6731 Bryant Avenue North - Chuma Ikegwuani 5825 Colfax Avenue North - Beulah Hill 5006 France Avenue North - Michael Mobs 7c. RESOLUTION APPROVING MEMBERSHIP IN NORTH HENNEPIN AREA CHAMBER OF COMMERCE RESOLUTION NO. 2004-21 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING MEMBERSHIP IN NORTH HENNEPIN AREA CHAMBER OF COMMERCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. AN ORDINANCE VACATING A PORTION OF UTILITY AND DRAINAGE EASEMENT WITHIN THE FINAL PLAT FOR TANAMI 2 ND ADDITION A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve first reading and set second reading and public hearing on March 22, 2004. Motion passed unanimously. 7e. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03 & 04, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004-22 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03 & 04, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 02/09/04 -3- 7f. RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2004 -01 AND 02, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 2004-23 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2004 -01 AND 02, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7g. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2004-24 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. APPEARANCE - LANG - NELSON ASSOCIATES Frank Lang, President and CEO of Lang- Nelson Associates, addressed the Council to express the importance of the request that had been previously considered by the Council to reopen Fremont Avenue and Lilac Drive; and to discuss their request of signage for the area. He believes the reopening of these streets would make traffic more viable to the Crossings Senior Rental Housing Community; and that the signage would be beneficial for helping with the difficulties in getting to their buildings. 02/09/04 4- Council discussed the options available for the reopening of the streets in 2004 and 2005 and the cost sharing for the project if done in 2004 or 2005. Mr. Lang informed that they would be sharing the costs of the roadway if feasible and constructed and that he would like to accomplish the reopening in 2004. City Manager Michael McCauley discussed that the City does not have the capacity to complete a feasibility study in 2004 with City staff and that if the Council were to consider a feasibility study in 2005 staff would be able to develop a feasibility study and solicit neighborhood input. The alternate was to hire a consulting firm at a substantial cost. Councilmember Carmody informed that she would not be in favor of a feasibility study in 2004. Councilmember Niesen inquired about the request for signage. Mr. Lang discussed that having signage would help substantially. Mr. McCauley discussed that temporary signage would be allowed under the City's Sign Ordinance. He suggested that Mr. Lang provide the signs and that the City could be responsible for installing the signs. Public Works Director /City Engineer Todd Blomstrom suggested that the signs be reviewed for size and language requirements before allowing the signs to be installed. Councilmember Lasman made a motion to direct staff to install signs supplied by Lang Nelson once City staff had approved them. Seconded by Councilmember Peppe. Councilmember Carmody abstained. Motion passed. Councilmember Carmody discussed that she abstained because she was not sure how the signage would be allowed tied to the first construction project instead of the second construction project. Mr. McCauley discussed that the signage would be temporary until the construction of the park project was complete this fall or next spring. The approval of the signage was not intended for permanent signage. A motion by Councilmember Peppe, seconded by Councilmember Carmody to direct staff to begin a feasibility study for possible construction in 2005. Motion passed unanimously. 9. PUBLIC HEARINGS 9a. AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 Mr. McCauley discussed that this ordinance vacation was requested from Osseo School District No. 279 to vacate a portion of easement along the north side of the Garden City Elementary School building. The school district has executed a new storm sewer easement for the portions of 60 inch diameter storm sewer that are being relocated to allow the northern expansion of the school building. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public 02/09/04 -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. 2004-03 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. AN ORDINANCE AMENDING SECTIONS 11-717,23-1900, AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY Mr. McCauley discussed that the City allows lawful gambling within its boundaries and has adopted an ordinance with regulations more stringent than State Law. The City's ordinance was revised in 2003 to update the definition of lawful gambling to include paddletickets and tipboard tickets. The listing inadvertently excluded "bingo ", which is also considered a type of lawful gambling (such events are generally held in schools). This ordinance amendment is a housekeeping amendment that would amend the City's Charitable Gambling Ordinance to replace the specific types of lawful gambling operations with the term "lawful gambling." If in the future the State Law changes to add other types of lawful gambling operations or removes or renames existing types, the City's Ordinance would not need to be amended since it refers to the broader term "lawful gambling" and not the specific types. 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 Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004 -04 Councilmember Lasman introduced the following ordinance and moved its adoption: 02/09/04 -6- AN ORDINANCE AMENDING SECTIONS 11 -717, 23 -1900, AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION APPROVING AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT Mr. McCauley discussed that this agreement is similar to the Police Department's agreement and seems to be reasonable. Councilmember Niesen inquired if this agreement is new and why it would be necessary. Fire Chief Ron Boman discussed that the City currently has an agreement with the North Suburban Area; however, this agreement would allow the City to receive more aid within Hennepin County. Mayor Kragness questioned if the City is obligated to pay for called for aid. Mr. McCauley responded that the City does not pay when Hennepin County is called for aid. City Attorney Charlie LeFevere raised the question of an overlap between the two agreements. Mr. Boman informed that he does not believe there would be any conflict with the two agreements. RESOLUTION NO. 2004-25 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. RESOLUTION TRANSFERRING $200,000 INTO THE EARLE BROWN HERITAGE CENTER CAPITAL IMPROVEMENT FUND Mr. McCauley discussed that last year a Capital Fund had been established to provide an ongoing funding mechanism for capital items. A review of operations indicates that $200,000 would be an appropriate transfer for this fund from the Earle Brown Heritage Center Operating Fund. 02/09/04 -7- RESOLUTION NO. 2004-26 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION TRANSFERRING $200,000 INTO THE EARLE BROWN HERITAGE CENTER CAPITAL IMPROVEMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. loc. RESOLUTION TO ADOPT AN ALL HAZARD MITIGATION PLAN Mr. McCauley discussed that the City is required to adopt an All Hazard Mitigation Plan as part of its own Emergency Operations Plan. This plan allows the City to be eligible for Federal Disaster Funds in the future. Mr. Boman outlined a PowerPoint Presentation discussing the objectives, emergency management, and examples of the mitigation plan. Councilmember Niesen asked if this would be something that the Council adopts every year. Mr. Boman responded that the City would be required to adopt this plan every three years. RESOLUTION NO. 2004-27 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION TO ADOPT AN ALL HAZARD MITIGATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. REPORT REGARDING CALLS FOR SERVICE WITH PROVISIONAL RENTAL LICENSES Mr. McCauley discussed that the Police Department had provided a report for the calls for service after the first three months. Letters had been mailed to the owners of properties that have a.30 calls per unit or higher inviting them to meet with the Police Department to discuss the concern that this number is excessive and more than likely will exceed the .65 calls per unit before the end of the 12- month period. It is the intent to work with the property owners to help mitigate the problem(s) before they are in violation of the ordinance and subject to provisional licensing. 02/09/04 -8- 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:20 p.m. Motion passed unanimously. jwvv — City Clerk Aay�or 02/09/04 -9-