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HomeMy WebLinkAbout2002 11-12 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 12, 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 Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj ourn the informal open forum at 6:50 p.m. Motion passed unanimously. 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 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 11/12/02 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Nelson reported that Community Ahead is sponsoring We Care About Kids Day on Saturday, February 1, 2003, from 10:00 a.m. to 4:00 p.m. at the Northwest YMCA. Mayor Kragness reported that she attended a networking luncheon sponsored by the Northwest Collaborative on November 6, 2002, and on November 7, 2002, she attended the Association of Metropolitan Municipalities Adoption Policy meeting. Councilmember Lasman reported that there would be a cross - cultural dialogue on November 19, 2002, at the Gross of Glory Church from 6:30 p.m. to 8:30 p.m. Mayor Kragness read a letter received from the Brooklyn Center American Little League thanking the Brooklyn Center community for all their support. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda with the amendment of Council Consideration Items l Ob, Proclamation Declaring November 24 Through December 1, 2002, To Be Bible Week; and 10g, Resolution Authorizing and Directing the Transfer of Funds from the General Fund to the Special Assessment Construction Fund and the Capital Project Fund, removed from the agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of October 28, 2002, study and regular sessions, and November 4, 2002, special session. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GASOLINE SERVICE STATION Brooklyn Amoco Inc. 6044 Brooklyn Boulevard 11/12/02 -2- RENTAL Renewal: Evergreen Park Manor Apartments Koery Bannerman Twin Lakes Manor Apartments Troy Meyen 6809 Fremont Place North Tel Hartmann Initial: Brookhaven Apartments Hyder Jaweed TAXICAB Thomas Omao 1001 74 Ave. N., Brooklyn Park TOBACCO RELATED PRODUCT Brooklyn Amoco, Inc. 6044 Brooklyn Boulevard In Good Taste Company 1501 Freeway Boulevard 7c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE BEST WESTERN, CENTERFIELD BAR & CAFE RESOLUTION NO. 2002-153 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE BEST WESTERN, CENTERFIELD BAR & CAFE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15382 TO PROVIDE FOR THE DELETION OF SPECIAL ASSESSMENTS RESOLUTION NO. 2002-154 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15382 TO PROVIDE FOR THE DELETION OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. I 11/12/02 -3- 7e. 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 RESOLUTION NO. 2002-155 Councilmember Nelson 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. 8. PUBLIC HEARINGS 8a. 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 School District No. 286 had approved the agreements for the land exchange with the City and that the ordinance is now recommended to be adopted. A motion by Councilmember Lasman, seconded by Councilmember Nelson to re -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. 2002-14 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60' AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 11/12/02 -4- 8b. AN ORDINANCE VACATING A PORTION OF A STREET RIGHT OF WAY: XERXES AVENUE NORTH FROM 55 TH AVENUE NORTH TO 300 FEET NORTH OF 56 TH AVENUE NORTH Mr. McCauley discussed that this ordinance originated with the renovation of Brookdale and that the ordinance vacation, if adopted, would not be effective until February 1, 2003. A motion by Councilmember Lasman, seconded by Councilmember Ricker to open the Public Hearing. Motion passed unanimously. Richard Rovang, Director of Metropolitan Transit, addressed the Council to summarize the recent letter submitted to the City and to inform that of the sites they were considering for temporary locations, only two would be possible. They have not established an agreement with either of the two locations and continue their search for a temporary and permanent transit locations. Councilmember Nelson inquired what had been done over the past three years regarding a location for the transit. Mr. Rovang informed the Council they have had sites in mind; however, the sites have not been feasible. Councilmember Peppe asked if the February 1, 2003, is a concrete date. Mr. McCauley informed that the February 1, 2003, was firm. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -15 Councilmember Nelson introduced the following ordinance and moved its adoption: 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 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2002-016 SUBMITTED BY CHARITY ROBINSON. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A HOME BEAUTY SHOP AT 4512 65 TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 31, 2002, MEETING. 11/12/02 -5- Mr. McCauley discussed that it is recommended that the Council approve Planning Commission Application No. 2002 -016 submitted by Charity Robinson to operate a home beauty shop at 4512 65 Avenue North subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 10:00 a.m. and 8:00 p.m. Monday through Friday and until noon on Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property which shall be in conformance with the Building and Zoning Codes. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the Special Use Permit and shall be kept on file with the City. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2002 -016 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ELECTION PERSONNEL Councilmember Peppe read the resolution expressing recognition and appreciation for the dedicated public service of election personnel. RESOLUTION NO. 2002 -156 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ELECTION PERSONNEL 11/12/02 -6- i i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER 1, 2002, TO BE BIBLE WEEK This item was removed from the agenda. loc. PROCLAMATION DECLARING NOVEMBER 21, 2002, AS FEED AMERICA THURSDAY Councilmember Lasman read the Proclamation Declaring November 21, 2002, As Feed America Thursday. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring November 21, 2002, As Need America Thursday. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT Mr. McCauley discussed the City will receive and accept $23,154 from the 2002 Local Law Enforcement Block Grant Program with the matching funds by the City from the capital and other equipment line items of the Police Department budget. This resolution would authorize the matching fund expenditures of $2,573. RESOLUTION NO. 2002-157 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10e. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A Mr. McCauley discussed that this resolution would approve directing the sale and other necessary and/or required actions. 11/12/02 -7- RESOLUTION NO. 2002-158 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10f. REPORT ON CODE ENFORCEMENT Mr. McCauley outlined the materials provided in the agenda packet and presented a Power Point presentation on the 2002 summer code enforcement sweep. Mayor Kragness discussed that she had received phone calls regarding the process being used to evaluate properties. Councilmember Nelson asked if citizens have a concern who they should call. Mr. McCauley informed that the Neighborhood Liaison should be contacted at the Police Department. log. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL PROJECT FUND This item was removed from the agenda. 10h. CENTRAL PARK BALL FIELD IMPROVEMENTS Mr. McCauley discussed that staff had been researching solutions to help with the high creek levels in Central Park. A plan has been developed that includes the installation of drain tile, the reconstruction of the warning tracks, and replacement of the outfield fencing. All improvements are aimed at allowing the fields to drain more effectively and to keep creek levels from encroaching onto the fields. With the exception of the outfield fencing, the City's Parks maintenance would complete all of the proposed improvements. The overall cost of these improvements would be approximately $26,000. Councilmember Ricker asked how this solution was compiled. Mr. McCauley informed the Council that the solution was a combination of professional review, water levels, and educated guesses by the engineer and public works staff. Councilmember Nelson questioned if the construction would affect the Dudley Tournament in 2003. Mr. McCauley responded that the construction would start this year and that the plans would have the construction finished before the Dudley Tournament. 11/12/02 -8- A motion by Councilmember Nelson, seconded by Councilmember Lasman to allocate approximately $26,000 from the Capital Improvement Funds for Central Park ball field improvements. Motion passed unanimously. 11. CLOSED SESSION REGARDING LITIGATION AND POSSIBLE COUNCIL APPROVAL OF SETTELEMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to recess for a closed session with attorneys at 7:44 p.m. Motion passed unanimously. The Council recessed to the All American Room to discuss pending litigation. A motion by Councilmember Lasman, seconded by Councilmember Ricker to reconvene at 9:44 p.m. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to set special meeting on November 18, 2002, 6:00 p.m., before the budget worksession. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 9:45 p.m. Motion passed unanimously. I m - �K� , City Clerk Mayor 11/12/02 -9-