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HomeMy WebLinkAbout2002 10-14 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 14, 2002 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, City Attorney Paula Callies, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned informal open forum at 6:45 p.m. 2. INVOCATION Rev. Robert Cilke, Brookdale Christian Center, 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, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Paula Callies, and Deputy City Clerk Maria Rosenbaum. 10/14/02 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Northwest Hennepin Human Rights Coalition meeting on September 3, 2002, the Crime Prevention meeting and a Senior Fair on September 18, 2002, the Brooklyn Center Special Events Committee meetings on September 26, 2002, and October 10, 2002, and the meeting held on October 8, 2002, discussing the Garden City project. Councilmember Nelson reported that he attended the Northwest Suburbs Cable Communications meeting in September. Mayor Kragness reported that she attended the Mayors Conference on September 27 and 28, 2002, at Breezy Point, the Senior Fair on September 18, 2002, the Peacemaker Dinner on October 10, 2002, and the CEAP Prayer Breakfast on October 12, 2002. Mayor Kragness discussed an incident that took place at the Senior Fair and reminded citizens that free blood pressure checks are available at the City's Fire Stations on Saturdays. She reported that there would be a Candidate Forum on Tuesday, October 15, 2002, 7:00 p.m. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda with the removal of Council Consideration Item IOd, Schedule Joint Meeting with the Charter Commission on October 23, 2002, 7:00 p.m. in the Council /Commission Conference Room. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes of September 23, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Environmental Comfort Systems Inc. 8385 Canoga Avenue, Canoga Park, CA R & S Heating and A/C 12600 Creekview Avenue, Savage Total Air Supply 541 North Wheeler Street, St. Paul UHL Company Inc. 9065 Zachary Lane North, Maple Grove 10/14/02 -2- PRIVATE KENNEL Denise Mueller 1601 70 Avenue North Jeanne O'Brien 6730 Drew Avenue North Lynn Amacher -Malm 5420 Fremont Avenue North RENTAL Renewal: 3713 47 Avenue N. Bill Modell 3606 58 Avenue N. Daniel Soffa 321863 d Avenue N. Eugene Hess 5347 Brooklyn Blvd. Randall Cook 5501 Brooklyn Blvd. Mains'l Services 5801 Brooklyn Blvd. Daniel Soffa 5809 Brooklyn Blvd. Daniel Soffa 6315 Brooklyn Blvd. Joseph Brauer 5137 -39 France Avenue N. Randal Tyson 6765 Humboldt Avenue N Morning Sun Investments Initial: 52162 nd Avenue N. Curtis & Cheryl Hawkins 1708 69 Avenue N. Angela Griesser 5817 Brooklyn Blvd. William Kotonias 3618 Commodore Drive Pao Choua Vue 7c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002-137 Councilmember Nelson 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. 7d. RESOLUTION APPROVING FINAL PLAT, DOUGLAS METAL SPECIALTIES RESOLUTION NO. 2002 -138 Councilmember Nelson introduced the following resolution and moved its adoption: 10/14/02 -3- RESOLUTION APPROVING FINAL PLAT, DOUGLAS METAL SPECIALTIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION NO. 2002 -139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15382 AND 15383 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 2002-140 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS.15382 AND 15383 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 2002-141 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS.15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10/14/02 -4- 7h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-19, PALMER LAKE /SHINGLE CREEK TRAIL RECONSTRUCTION, AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES NATIONAL RECREATIONAL TRAIL PROGRAM RESOLUTION NO. 2002 -142 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002 -19, PALMER LAKE /SHINGLE CREEK TRAIL RECONSTRUCTION, AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES NATIONAL RECREATIONAL TRAIL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7i. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2001 -09, CONTRACT 2001 -D, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS RESOLUTION NO. 2002 -143 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2001 -09, CONTRACT 2001 -D, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING ORDINANCE NO. 2000 -10 REGARDING COUNCIL SALARIES FOR 2003 -2004 City Manager Michael McCauley discussed that the Financial Commission recommended the following Council salaries for 2003 -2004: Effective January 1, 2003, the annual salary for Mayor shall be $10,166 and the annual salary for Council Members shall be $7,784. 10/14/02 -5- Effective January 1, 2004, the annual salary for Mayor shall be $10,522 and the annual salary for Council Members shall be $8,056. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Donn Escher, Financial Commission Chair, addressed the Council to inform the Council that the Financial Commission took the Council salaries seriously and encouraged them to adopt the Ordinance Amending Ordinance No. 2000 -10 Regarding Council Salaries for 2003 -2004. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002-11 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 2000 -10 REGARDING COUNCIL SALARIES FOR 2003 -2004 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS Mr. McCauley discussed that this ordinance amendment to Chapter 34 would add a new category of signs called "Development Complex Signs" that would be allowed under certain circumstances in the Commercial (C -1 and C -2) and Industrial (1 -1 and I -2) zoning districts. A motion by Councilmember Lasman, seconded by Councilmember Peppe 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. 2002-12 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS 10/14/02 -6- The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60' AVENUE NORTH City Manager Michael McCauley discussed that there is still no agreement for an exchange of land with School District No. 286 and suggested that the Council re -open and continue the public hearing to the October 28, 2002, meeting. A motion by Councilmember Nelson, seconded by Councilmember Peppe to re -open the Public Hearing. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Peppe to continue the Public Hearing to October 28, 2002. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW SIGNS AT BROOKDALE SHOPPING CENTER TO EXCEED THE NUMBER, HEIGHT, AREA AND DISPLAY FEATURES AUTHORIZED AS PART OF THE BROOKDALE PLANNED UNIT DEVELOPMENT AND THE SIGN ORDINANCE. THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS APPLICATION AT ITS SEPTEMBER 12, 2002, MEETING. - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) Mr. McCauley discussed that the Planning Commission denied Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising for a Planned Unit Development (PUD) amendment to allow signs at Brookdale Shopping Center to exceed the number, height, area, and display features authorized as part of the Brookdale PUD and the sign ordinance at its September 12, 2002, meeting. Since that meeting City staff had been working with Spectacular Electronic Advertising and Talisman Companies L.L.C. and is recommending that the Council approve the modified request of Spectacular Electronic Advertising and direct staff to memorialize the amendment to the PUD by amending the sign ordinance to Brookdale as written in the resolution. Mr. McCauley provided a PowerPoint presentation and map showing the locations of the three signs being considered before asking James Schlesinger from Talisman Companies L.L.C. to address the Council for any questions they had regarding this issue. 10/14/02 -7- Councilmember Ricker expressed concern regarding the LED Screening and the precedence this would set if approved. He questioned what would happen if the advertising company failed. Mr. Schlesinger addressed the Council and reported that if the initial advertising is not accomplished, there is a 20 -year lease on the signs once installed. Mr. Schlesinger expressed that these signs are needed at Brookdale to advertise the new Brookdale and informed the Council that the City would be able to advertise community events also with the LED Screening. Councilmember Ricker questioned if the Planning Commission is now recommending the Council to approve the application. Planning and Zoning Specialist Ron Warren informed the Council that the Planning Commission has not meet since September 12, 2002 and has not reviewed the recommended changes that have been incorporated to the resolution. Councilmember Lasman expressed that she respects the Planning Commission's decision and that she believes the items of concern expressed by the Planning Commission at its September 12, 2002, meeting have been addressed. Councilmember Nelson stated that he believes this is a unique opportunity for Brookdale and that his decision is proceed with the signage. Councilmember Ricker stated that boasts about Brookdale; however, he believes that signs of this statute are not needed and would not support the amendment. RESOLUTION NO. 2002-144 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe. Councilmember Ricker voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING OCTOBER 21 THROUGH OCTOBER 25, 2002, NATIONAL BUSINESS WOMEN'S WEEK Mayor Kragness read the Proclamation Declaring October 21 Through October 25, 2002, National Business Women's Week. 10/14/02 -8- A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring October 21 Through October 25, 2002, National Business Women's Week. Motion passed unanimously. 10b. PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2002, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 20 Through October 26, 2002, To Be Administrative Services Week. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring October 20 Through October 26, 2002, To Be Administrative Services Week. Motion passed unanimously. loc. AN ORDINANCE VACATING A PORTION OF A STREET RIGHT OF WAY: XERXES AVENUE NORTH FROM 55 AVENUE NORTH TO 300 FEET NORTH OF 56 AVENUE NORTH Mr. McCauley discussed that this ordinance vacation would vacate a portion of a street right -of -way in connection with the repositioning of the Brookdale Shopping Center and that the approval this evening is for a request to approve the first reading and set second reading and public hearing on November 12, 2002, Councilmember Peppe requested that a public meeting be scheduled to discus with residents the Transit Hub issues. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on November 12, 2002. Motion passed unanimously. 10d. SCHEDULE JOINT MEETING WITH THE CHARTER COMMISSION ON OCTOBER 23, 2002, 7:00 P.M. IN THE COUNCIL /COMMISSION CONFERENCE ROOM This item was removed from the agenda. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 7:43 p.m. Motion passed unanimously. ,Lw 7� � City Clerk Mayor 10/14/02 -9-