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HomeMy WebLinkAbout2001 03-12 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 MARCH 12, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:49 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to discuss the following items: code enforcement procedure, street maintenance, and the City's Zoning Ordinance. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness 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 7:03 p.m. 03/12/01 -1- 4. ROLL CALL i Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that on March 5, 2001, she attended a ceremony introducing two new police officers and on March 6, 2001, she attended the Northwest Human Rights Coalition meeting. She informed the Council that there would be an artwork competition and that the artwork will be displayed in the Chambers on March 26, 2001, the Heritage Festival Celebrating Our Roots Educationally (CORE) event would be held on March 18, 2001, from 12:00 p.m. to 5:00 p.m. at Park Center Senior High School, and on April 24, 2001, School District No. 281 will have a presentation on violence prevention. Councilmember Nelson reported that on March 27, 2001, he attended the Earle Brown Days Committee meeting, a Prevention Forum on Drug Trends for 2001, and on March 6, 2001, the Year 2000 Celebration Committee meeting. Mayor Kragness read a letter received commending the City Council regarding the option chosen for Halifax Drive. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the February 26, 2001, study and regular sessions. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 03/12/01 -2- MECHANICAL Assured Heating A/C 514 Jefferson Highway, Champlin Carver Mechanical, Inc. 116 Peavey Road, Chaska Excel Air Systems 2075 Prosperity Road, Maplewood M & D Plumbing & Heating Inc 11050 26" Street NE, St. Michael St Marie Sheet Metal, Inc 7940 Spring Lake Park Road, Spring Lake Park Sedgwick Heating & A/C 8910 Wentworth Avenue South, Minneapolis Superior Contractors 612142 d Avenue North, Crystal RENTAL Renewal: Maranatha Place Center Park Senior Apartments, Inc. TAXI CAB James Ledlum 6808 Candlewood Circle, Brooklyn Park 6c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENE (BINGO/RAFFLE) FOR AN EVENT TO BE HELD AT THE EARLE BROWN ELEMENTARY SCHOOL ON APRIL 6, 2001 A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve an application for exemption from lawful gambling license (bingo /raffle) for an event to be held at the Earle Brown Elementary School on April 6, 2001. Motion passed unanimously. 6d. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2001-32 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/12/01 -3- i 6e. APPOINT ELECTION JUDGES TO SERVE IN APRIL 17, 2001, SPECIAL PRIMARY AND MAY 1, 2001, SPECIAL ELECTION A motion by Councilmember Nelson, seconded by Councilmember Lasman to appoint the following election judges to serve in the April 17, 2001, Special Primary and May 1, 2001, Special Election. Motion passed unanimously. Peggy Anderson Joyce Iverson Ethel Pettman Clarence Beadles Donna Jarl Nancy Rademacher Carol Benkofske Lora Jefferson Joann Reavely Eleanor Bentzen Betty Johnson Beth Rygh Violet Bloomquist Jackie Justesen Ralph Saline Karen Bolstad Virginia Lebus Terri Sibben Kay Brosseau Marie Kahnke Marjorie Silver Caroline Burley Kermit Klefsaas Clayton Thiebault Ann Bystrom Joseph Lampe Mary Thiebault Doris Chapman Earl Larsen Rose Mary Thielman Charlotte Chermak Joyce Lindquist Lea Torkelson Lamonte Dehn Warren Lindquist Luella Torrence Lois Froebel Ernee McArthur Gloria Voeltz Joyce Gebhardt Dick Mero Catherine Wetzel Don Gillquist Don Metzger William Zieska Trudi Gores Shirley Moore Lorraine Halter Marvin Nemec Mary Ann Hilger Mary Nemec Mona Hintzman Dorothy Nyberg Shirley Hoff Angie Olson Ray Hokenson Betty Olson Pat Hotchkiss Delores Olson Loretta Huberty Doris Patterson 7. PUBLIC HEARINGS 7a. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN 03/12/01 -4- COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Michael McCauley iscussed that the series of public hearings are to consider Y g Y P g certification of proposed special assessments and that all potentially affected property owners had been notified by certified mail of the date of this public hearing, with the exception of those persons with delinquent public utility service accounts. Those property owners had been notified by first class mail. Mr. McCauley suggested before opening the public hearing that the property at 6332 Regent Avenue North be removed from the Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls, and that the Council may still consider the approval of the resolution with the amendment to remove 6332 Regent Avenue North from the resolution. The public hearing will need to be continued if the Council would approve the resolution with that amendment. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing and continue the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001 -33 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-34 Councilmember Lasman introduced the following resolution and moved its adoption with the amendment to remove 6332 Regent Avenue North: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED 03/12/01 -5- REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-35 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7b. AN ORDINANCE RELATING TO TELECOMMUNICATIONS ANTENNAS IN THE RIGHT OF WAY; AMENDING BROOKLYN CENTER CODE SECTION 25 -1008, SUBD. 3 AND ADDING NEW SUBDIVISION 5 TO SECTION 25 -1006 Mr. McCauley discussed that the ordinance relating to the telecommunications antennas in the right of way would be amended to allow the Director to limit the height of any above ground facility either above a minimum or below a maximum height, and restrict antenna facilities in the right of way to mounting on existing structures. A motion by Councilmember Nelson, 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 Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-04 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO TELECOMMUNICATIONS ANTENNAS IN THE RIGHT OF WAY; AMENDING BROOKLYN CENTER CODE SECTION 25 -1008, SUBD. 3 AND ADDING NEW SUBDIVISION 5 TO SECTION 25 -1006 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/12/01 -6- i 7c. AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES Mr. McCauley discussed that the ordinance amending the penalty sections of the City Ordinances to reflect the changes in Minnesota Statutes would allow the City to raise the maximum potential fines for violations previously at $700 to $1,000. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-05 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. PUBLIC HEARING ON PROPOSED USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. McCauley discussed the proposed use of the 2001 Urban Hennepin County Community Development Block Grant (CDBG) Funds that will be funded as follows: $206,294 to rehabilitation of private property, $22,500 for household outside maintenance for the elderly (H.O.M.E.), and $13,500 to the Community Emergency Assistance Program Inc. (CEAP) before requesting the public hearing to be opened. 03/12/01 -7- A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Stephen Klein, CEAP Executive Director, addressed the Council to share that CEAP is very appreciative for the City's funding and that the program has been everything they expected it to be. Bill O'Meara, Home Rehab Specialist from Community Action for Suburban Hennepin (CASH), addressed the Council to discuss what CASH offers and to request the City Council to consider funding $4,000 for CASH in 2002. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-36 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Mayor Kragness. Councilmember Lasman abstained from the vote due to a conflict of interest. Motion passed. 8. COUNCIL CONSIDERATION ITEMS 8a. REVIEW OF CHAPTER 1— ANIMAL ORDINANCE 1. ORDINANCE AMENDMENT TO CHAPTER 1 REGARDING PRIVATE KENNELS AND CHAPTER 19 REGARDING LIMITIATIONS ON KEEPING OF ANIMALS 2. ORDINANCE LANGUAGE AMENDMENTS Mr. McCauley discussed the proposed ordinance amendments to Chapter 1 and Chapter 19 of the City's Ordinances would eliminate private kennel licenses, amend the limitations on keeping of animals, and eliminate dog licensing in the City of Brooklyn Center and suggested that the Council discuss and continue the discussion to a later date when there would be a full Council to make any decisions. 03/12/01 -8- Police Chief Joel Downer was present to discuss the proposed amendments to the Ordinances regarding the elimination of licensing animals and the summary of the consultation with Dr. Robert K. Anderson, D.V.M., Professor Emeritus of the University of Minnesota, School of Veterinary Medicine. Council discussed the proposed ordinance amendments and the information provided by Chief Downer. Councilmember Lasman stated that she believes it would be wise to amend the ordinance to two dogs per household and that time to come in compliance should be added to the proposed amendments. Mayor Kragness stated that she was in favor of setting a date to come in compliance which would help in getting the word out to the Community about the ordinance. Councilmember Nelson stated that he believes the ordinance should be amended to a total of four animals total, two dogs and two cats. Mayor Kragness discussed that this issue will be continued to a later Council meeting. 8b. RESOLUTION REQUESTING ADVANCED DISBURSEMENT OF MUNICIPAL STATE AID FUNDS FOR STREET RECONSTRUCTION Mr. McCauley discussed that this resolution would request that the Commissioner of Transportation approve an advance for financing of approved Minnesota State Aid Street Projects in the City of Brooklyn Center of an amount up to $300,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Fund for Brooklyn Center. Councilmember Nelson raised a question regarding why the projects are outstanding. Mr. McCauley and Public Works Director Diane Spector responded to the inquiry informing Councilmember Nelson that the projects are complex and that there is a lot involved which holds back the finalization of a project. Mayor Kragness asked if there would be future problems regarding this same issue. Ms. Spector informed the Council that the Capital Improvements Program for 2002 has several scheduled State Aid Projects and that in 2003 -2005 the State Aid Projects are smaller. RESOLUTION NO. 2001 -37 Councilmember Lasman introduced the following resolution and moved its adoption: 03/12/01 -9- i RESOLUTION REQUESTING ADVANCED DISBURSEMENT OF MUNICIPAL STATE AID FUNDS FOR STREET RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8c. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS Mr. McCauley discussed that this resolution would authorize the City Manager to write -off uncollectible accounts receivable in the amount of $210.54 and returned checks in the amount of $2,049.85. RESOLUTION NO. 2001 -38 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8d. RESOLUTION DESIGNATING APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH Mayor Kragness read the resolution that would designate April as Child Abuse and Neglect Prevention Month. RESOLUTION NO. 2001-39 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 03/12/01 -10- 8e. SET DATE AND TIME OF CITY COUNCIL WORKSESSION Mr. McCauley requested that the City Council schedule a general worksession for Monday, April 2, 2001, at 6:00 p.m. A motion by Councilmember Lasman, seconded by Councilmember Nelson to set April 2, 2001, at 6:00 p.m. for a general worksession. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:56 p.m. Motion passed unanimously. City Clerk Mayor 03/12/01 -11-