The URL can be used to link to this page

Home My WebLink About2004 03-22 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 MARCH 22, 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 Foram at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Bob Peppe was absent and excused. 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. Bud Murphy, 5607 Lyndale Avenue North addressed the Council to express concern about the � Y� Yn � p potholes at 57 Avenue North and Logan Avenue shopping mall. Mayor Kragness asked that staff look at this location. Mary O 5429 Lyndale Avenue North, addressed the Council to discuss a recent letter that she received regarding the purchasing of land along Lyndale Avenue North and to ask the Council what they knew and if the City Council would ever force residents to sell their properties. City Manager Michael McCauley stated that the City had been contacted last summer by a group considering a project in that area. That group had apparently discontinued its intent. Recently, Ron Clark representatives had discussed potential i development ro'ect with the Community e a residential P P J tY Development Director. The City does not have any arrangements with a developer for a project in the Lyndale area. The developers have discussed voluntary acquisitions of the properties in that area. Yn p �'Y q P p If a developer were to voluntarily acquire most of the prop needed for project, the City might p Y q p p Y p J Y g consider the use of eminent domain. Since there is no project, from the City's vantage point, it is speculative whether the Council would or would not be receptive to considering the use of eminent domain if most of the property owners were willing to voluntarily sell and a few were not. Ms. O'Connor asked if eminent domain is used for parks only. Mr. McCauley responded that eminent domain could be used for redevelopment projects. Ms. O'Connor asked what could property owners do to keep their property if this were to move forward. Councilmember Carmody stated just say no. 03/22/04 -1- Dawn Sommers, 5315 Lyndale Avenue North, addressed the Council to express concern about the developer contacting residents regarding the purchase of her property. Mayor Kragness informed Ms. Sommers that the Council had not been involved in the letter that residents had received from a private developer. Greg Ehmke, 5421 Lyndale Avenue North, addressed the Council to ask how the property values would be assessed. Mayor Kragness discussed at this time this issue is premature and Mr. McCauley informed that the City is not talking eminent domain at this time, but outlined the valuation procedures and protections in an eminent domain proceeding. Dan Remiarz, 6201 June Avenue North, addressed the Council to voice his opinion regarding the City Manager's salary and to request a copy of the minutes regarding this discussion. 2. INVOCATION No invocation 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, and Diane Niesen. Councilmember Bob Peppe was absent and excused. 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. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and Crime Prevention meeting. She informed that the Police Awards Ceremony would be held on April 21, 2004 in Constitution Hall at 7:00 p.m. Councilmember Lasman reported that she attended the Northwest Regional Human Rights Committee meeting on March 3, 2004, the National League of Minnesota Cities Congressional Conference in Washington D.C. March 4 through 9,2004; the Joint Work Session with the Brooklyn Park City Council on March 15, 2004; and the Northwest Regional Human Rights Committee Poster Ceremony. 03122/04 -2- She reviewed some of the topics heard at the Congressional Conference and informed that the posters from the Northwest Hennepin Regional Rights Committee poster event will be displayed in the Brooklyn Center Council Chambers April 12 through 19, 2004. Councilmember Niesen reported that the Housing Commission toured The Crossings in Brooklyn Center. Mayor Kragness reported that she attended the Association for Rental Management (ARM) meeting and discussed that communication between the different languages is the biggest problem. 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 March 1, 2004, Work Session, and the March 8, 2004, study and regular session minutes. Councilmember Lasman abstained. Motion passed. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. SIGNHANGER Crosstown Sign 16307 Aberdeen Street NE, Ham Lake Install This Awning & Sign 5345 4 Street North, Brooklyn Center Lawrence Sign 945 Pierce Butler Route, St. Paul Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park Signart Company 2170 Dodd Road, Mendota Heights Signcrafter's 7775 Main Street, Fridley Spectrum Sign Systems, Inc. 5680 Flint Trail, Wyoming Topline Advertising 11775 Justen Circle, Maple Grove MECHANICAL AirCorps, LLC 13821 Industrial Park Boulevard, Plymouth Air Mechanical, Inc. 16411 Aberdeen Street NE, Ham Lake Alliant Mechanical, Inc. 3650 Kennebec Drive, Eagan Associate Mechanical 1257 Marshall Road, Shakopee Assured Heating A/C Refrig. 334 Dean Avenue East, Champlin Auto Garage Door & Fireplace 9210 Wyoming Avenue North, Brooklyn Park Budget Home Services 13755 Buck Lake Boulevard, Big Lake 03/22/04 -3- Centraire Heating & A/C 7402 Washington Avenue South, Eden Prairie Corporate Mechanical 5114 Hillsboro Avenue North, New Hope Cronstroms Heating A/C 6437 Goodrich Avenue, St. Louis Park Dave's Applicane Heating & Air 160137"' Avenue NE, Columbia Heights Dependable Indoor Quality Inc. 2619 Coon Rapids Blvd, Coon Rapids D J's Heating & Air Conditioning 6060 LaBeaux Avenue NE, Albertville Excel Air Systems 2075 Prosperity Road, Maplewood Fore Mechanical 3520 88 Avenue NE, Blaine Golden Valley Heating 5182 West Broadway, Crystal Guyer's Builder's Supply 13405 15 Avenue North, Plymouth Harris Companies 909 Montreal Circle, St. Paul Heating & Cooling Two Inc. 18550 County Road 81, Maple Grove Hilliard Heating & Cooling, Inc. 13790 268 Avenue, Zimmerman Jome Energy System 15200 25 Avenue North, Plymouth Kleve Heating and Air 13075 Pioneer Trail, Eden Prairie, Lux Company 5217 84 Avenue North, Brooklyn Park McDowall Company P.O. Box 1244, St. Cloud M & D Plumbing & Heating Inc. 11050 26h Street NE, St. Michael Metropolitan Mechanical Contractors 7340 Washington Avenue South, Eden Prairie Modern Heating & A/C 2318 First Street NE, Minneapolis Northern Heating & Air Conditioning 9431 Alpine Drive NW, Ramsey Quality Refrigeration 6237 Penn Avenue South, Richfield Ray Welter Heating Co 4637 Chicago Avenue South, Minneapolis Riccar Heating & A/C 2387 Station Parkway NW, Andover River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical 7320 Oxford Street, St. Louis Park Royalton Heating & A/C 4120 85 Avenue North, Brooklyn Park Sedgwick Hearting & A/C 8910 Wentworth Avenue South, Minneapolis Standard Heating & A/C 410 W Lake Street, Minneapolis St. Marie Sheet Metal 7940 Spring Lake Park Road, Spring Lake Park Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park Tropic Air Inc. 1302 190 Avenue NW, Cedar Wenzel Heating & A/C 4131 Old Sibley Memorial Highway, Eagan Yale Mechanical Inc. 9649 Girard Avenue South, Minneapolis RENTAL Renewal: Basswood Apartments, 4450 58 Avenue North (11 Units) - Midwest Management 5200 France Avenue North - Christian Knutson 5400 -02 Russell Avenue North - Bruce & Karen Vanderschaaf Initial: 390662 d Avenue North - Pao Thao 6213 Chowen Avenue North - Nazneen Khatoon 03/22/04 -4- 5937 Halifax Avenue North - Nick Rierson 7c. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004 -49 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, 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. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING A PORTION OF UTILITY AND DRAINAGE EASEMENT WITHIN THE FINAL PLAT FOR TANAMI 2 ND ADDITION City Manager Michael McCauley discussed that this ordinance vacation would remove an easement that is no longer needed for public utilities or drainage. 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. 2004-05 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF UTILITY AND DRAINAGE EASEMENT WITHIN THE FINAL PLAT FOR TANAMI 2 ND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. 03/22/04 -5- 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING APRIL 4-10,2004, TO BE COMMUNITY DEVELOPMENT WEEK Mayor Kragness read the Proclamation Declaring April 4 -10, 2004, to be Community Development Week. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring April 4 -10, 2004, to be Community Development Week. Motion passed unanimously. 9b. PROCLAMATION DECLARING APRIL 18 THROUGH APRIL 25, 2004, AS DAYS OF REMEMBRANCE Mayor Kragness read the Proclamation Declaring April 18 through April 25, 2004, as Days of Remembrance. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring April 18 through April 25, 2004, as Days of Remembrance. Motion passed unanimously. 9c. PROCLAMATION DECLARING APRIL 17 - 24, 2004, TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Mayor Kragness read the Proclamation Declaring April 17 - 24, 2004, to be the Great Shingle Creek Watershed Cleanup Week. Councilmember Carmody questioned the date for the big cleanup event that takes place during this week. Mayor Kragness informed that there would be a presentation at the April 12, 2004, City Council meeting. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adopt Proclamation Declaring April 17 - 24, 2004, to be the Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 9d. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested ratification of Audrey Harris - Blount, 3429 53` Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission with term expiring December 31, 2005. A motion by Councilmember Lasman, seconded by Councilmember Niesen to ratify Mayoral nomination of Audrey Harris - Blount with term expiring December 31, 2005. Motion passed unanimously. 03/22/04 -6- 9e. RESOLUTION DIRECTING STAFF TO PREPARE A BOULEVARD TREE REPLACEMENT PLAN FOR THE 2004 CONSTRUCTION PROJECT TO ` INCLUDE CONIFEROUS TREES f Mr. McCauley discussed this resolution was prepared to direct staff to prepare a proposed list of acceptable species of replacement trees for the 2004 neighborhood reconstruction project for the replacement activities that will occur in 2005. Councilmember Carmody wished to express thanks to Sue Niemi, resident of Brooklyn Center, who suggested the idea of adding coniferous trees to the list of replacement trees. RESOLUTION NO. 2004-50 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DIRECTING STAFF TO PREPARE A BOULEVARD TREE REPLACEMENT PLAN FOR THE 2004 CONSTRUCTION PROJECT TO INCLUDE CONIFEROUS TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9f. RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY STATUTORY TORT LIABILITY Mr. McCauley discussed that this resolution would choose not to waive its rights to limit liability under the Statute. RESOLUTION NO. 2004-51 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY STATUTORY TORT LIABILITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9g. THREE -METER DIVING BOARD AT COMMUNITY CENTER Mr. McCauley discussed that during a recent inspection by the Hennepin County Community Health Department the three -meter diving board at the Community Center was determined not to be in compliance with regulations governing diving boards. While it appears that the regulations changed in 1995, subsequent inspections by the Hennepin County Community Health Department did not bring this to light until July 2003. 03/22/04 -7- Ii It does not appear that the City would have any success in seeking a variance and it is recommended to direct the removal of the diving board. A motion by Councilmember Lasman, seconded by Councilmember Carmody to direct removal of the three -meter diving board. Motion passed unanimously. 9h. AN ORDINANCE AMENDING SECTION 4 -202 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING A SPRINKLING BAN Mr. McCauley discussed that when the Council was approached regarding drip irrigation systems staff was directed to prepare an ordinance to incorporate language regarding sprinkling bans. This ordinance amendment adds language that would specify the use of the sprinkling bans and make them more enforceable. Council discussed the ordinance being prepared in other languages. Mr. McCauley informed that at this time some ordinances are translated in Hmong related to a few specific areas. Mayor Kragness suggested that the ordinances also be translated into Spanish. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on April 26, 2004. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:31 p.m. Motion passed unanimously. City Clerk Mayor 03/22/04 -8-