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HomeMy WebLinkAbout2002 07-22 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 JULY 22, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM There was no informal open forum since there was no one in the audience. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 2. INVOCATION Rev. Jean Sidner, Harron United Methodist 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the following: 07/22/02 -1- I • July 11, 2002, ARM Meeting • July 12, 2002, Relay for Life • July 16, 2002, Crime Prevention Meeting • July 17, 2002, Culvers Groundbreaking and Public Meeting on Level 3 Sex Offender • July 18, 2002, Chamber of Commerce Luncheon at Thunder Alley • July 19, 2002, Farwell Reception for Captain Bob Dirks Councilmember Nelson reported that he attended the Relay for Life on July 12, 2002, and the Culvers Groundbreaking on July 17, 2002. He discussed information that he received at a recent AMM meeting and informed the Council that the AMM will be discussing the North Star Corridor at the next meeting. Mayor Kragness discussed that the public meeting on the Level 3 Sex Offender would be re- televised and that if any person wanted to know the televised times to contact the cable company. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman discussed that agenda item 7d, Resolution Authorizing the City Manager to Enter Into An Easement Agreement with the Property Owner at 5700 Camden Avenue, would be deleted from the agenda and that she would snake a motion to approve the agenda as amended. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of July 8, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue, Minneapolis T & L Sanitation Services P.O. Box 49695, Blaine MECHANICAL Northland Mechanical Contractors Inc. 2900 Nevada Avenue North, New Hope Yocum Oil Company 2719 Stillwater Road, St. Paul 07/22/02 -2- RENTAL Renewal: 5806 Emerson Avenue North Robert Lindahl 6749 Humboldt Avenue North Morning Sun Investments 6757 Humboldt Avenue North Morning Sun Investments 6761 Humboldt Avenue North Morning Sun Investments 6773 Humboldt Avenue North Morning Sun Investments 5505 Lyndale Avenue North Brett Hildreth 5519 & 23 Lyndale Avenue North Brett Hildreth 7250 West River Road Nedzad Ceric 7c. APPROVAL OF APPLICATION TO CONDUCT RAFFLE FROM ST. ALPHONSUS CHURCH FOR AN EVENT ON NOVEMBER 10, 2002 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the application received to conduct raffle from St. Alphonsus Church for an event on November 10, 2002. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT WITH THE PROPERTY OWNER AT 5700 CAMDEN AVENUE This item was deleted from the agenda. 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -96 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 Peppe. Motion passed unanimously. S. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4 TH ADDITION 07/22/02 -3- City Manager Michael McCauley discussed that this ordinance vacation would vacate the northerly 15 feet of the original 50 foot wide easement and that the vacation would not affect the use and maintenance of the existing storm sewer. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No on wished to address the Council. A motion by Councilmember Nelson, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -08 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4 TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Ricker. Motion passed unanimously. 8b. AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS Mr. McCauley discussed that this ordinance amendment is identical to the emergency ordinance that the City Council approved on June 24, 2002. A motion by Councilmember Ricker, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No on wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -09 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4 TH ADDITION 07/22/02 -4- The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITITION AND APPRECIATION OF THE DEDICATED PUBLIC SERVICE OF BOB DIRKS Mayor Kragness read the resolution expressing recognition and appreciation of the dedicated public service of Bob Dirks. RESOLUTION NO. 2002-97 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITITION AND APPRECIATION OF THE DEDICATED PUBLIC SERVICE OF BOB DIRKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION EXPRESSING RECOGNITITION AND APPRECIATION OF THE DEDICATED PUBLIC SERVICE OF JEAN DORWEILER Mayor Kragness read the resolution expressing recognition and appreciation of the dedicated public service of Jean Dorweiler. RESOLUTION NO. 2002 -98 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITITION AND APPRECIATION OF THE DEDICATED PUBLIC SERVICE OF JEAN DORWEILER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Councilmember Nelson abstained from the vote. Motion passed. 9c. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE BROOKLYN CENTER POLICE DEPARTMENT Mr. McCauley discussed that this resolution would authorize participation and funds for a project entitled Safe and Sober Communities through a grant agreement with the Minnesota Department of Public Safety and the Office of Traffic Safety. 07/22/02 -5- If the grant is awarded, the grant period runs from October 1, 2002, through September 30, 2002, and the monies would be dedicated to pay officers overtime for traffic safety initiatives. RESOLUTION NO. 2002 -99 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Council had discussed this issue at its Study Session and it was suggested that the item be referred back to the Charter Commission for clarification on the content of Chapter 3, Section 3.01. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to refer this item back to the Charter Commission for clarification on the content in Chapter 3, Section 3.01. Motion passed unanimously. 9e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS Mr. McCauley discussed that this ordinance amending Chapter 35 would eliminate seasonal swimming pools from the setback and encroachment requirements. Currently residents with above ground pools put up in the spring and taken down in the fall are required to make an annual application to the City for a permit to erect the same. This amendment would get the City out of the business of regulating the location of temporary, above ground pools. Mayor Kragness questioned if this would eliminate the need for fencing. Mr. McCauley informed the Council that this amendment does not eliminate the need for fencing where fencing would be required now. A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve first reading and set second reading and public hearing for August 26, 2002. Motion passed unanimously. 07/22/02 -6- 9f. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION Mr. McCauley discussed that bids were received for the France Avenue Relocation and that this resolution would award the bid to Veit & Company Inc. RESOLUTION NO. 2002 -100 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Nelson voted against the same. Motion passed. 10. ADJOURN TO ROOM 113 CONFERENCE ROOM FOR CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS PENDING LITIGATION There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:24 p.m. to Room 113 Conference Room to discuss pending litigation. Motion passed unanimously. City Clerk Mayor 07/22/02 -7-