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Home My WebLink About2001 04-23 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 APRIL 23, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from its study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Pro Tem Kay Lasman and Councilmembers Ed Nelson and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Lynn Amacher -Malm, 5420 Fremont Avenue North, addressed the Council to inquire about refunds for dog licenses issued since the dog licenses will no longer be needed in the City. City Manager Michael McCauley responded that no refunds would be issued for persons who currently have dog licenses. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Peppe to adj ourn informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Tom Schintz, Chaplin at Marantha Care Center, offered the invocation. FLAG CEREMONY -TROOP 403 Cross of Glory Troop 403 performed a flag ceremony. 04/23/01 -1- I 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tern Lasman at 7:04 p.m. 4. ROLL CALL Mayor Pro Tern Kay Lasman and Councilmembers Ed Nelson and Bob Peppe. Mayor Myrna Kragness absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the Annual Police Awards Ceremony on April 18, 2001, and that the event was very well attended. Councilmember Nelson reported that he attended the Annual Police Awards Ceremony on April 18, 2001, and the Fire Appreciation Awards Ceremony on April 20, 2001. Mayor Pro Tem Lasman reported that the Council attended the Commission Recognition event held on April 16, 2001, and that it was a nice time for the Council and the Commission Members to interact. She also reported that she attended the Fire Appreciation Awards Ceremony on April 20, 2001, participated in an Earth Day clean up on April 21, 2001, and attended the Annual Fireman's Breakfast on April 22, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested that the addition of agenda item 9i, Rescheduling of New Council Member Orientation from May 7, 2001, to May 21, 2001, be added to the agenda. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes from the April 9, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 04/23/01 -2- MECHANICAL Air Corporation 13821 Industrial Park Boulevard, Plymouth Brooklyn Air Heating and A/C 8862 Zealand Avenue North, Brooklyn Park Commercial Plumbing and Heating 24428 Greenway Avenue, Forest Lake Facilitech 7206 Washington Avenue S., Eden Prairie LBP Mechanical Inc. 315 Royalston Avenue North, Minneapolis Total Heating and A/C 6960 Madison Avenue West, Golden Valley I MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Brookdale Motors, Inc. 6121 Brooklyn Boulevard R.L. Brookdale Motors 6801 Brooklyn Boulevard RENTAL Renewal: 1807 70' Avenue North Marya Hage 5300 70' Circle North Myrna Hubert 4200 Lakebreeze Avenue North Mark Anderson 4714 Lakeview Avenue North Gary Scherber 7230 West River Road Michael Cederberg Initial: 4213 62' Avenue North Xeng Yang 5500 Bryant Avenue North Nedzad Ceric 6719 Quail Avenue North Estate of Stephen Sandberg 5209 Xerxes Avenue North Hongru Shen 5211 Xerxes Avenue North Hongru Shen SIGN HANGER Advanced Awning Design 1600 29"' Street, Cloquet Express Sign 13321 Killdeer Street Northwest, Andover Install This Awning and Sign 5345 4` Street I TOBACCO RELATED PRODUCT Tobacco Deals, Inc. 6300 Brooklyn Boulevard 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER ORDINANCES RELATING TO COURTESY BENCHES IN THE RIGHT OF WAY 04/23/01 -3- Mr. McCauley discussed that this ordinance amendment would update and refine the current ordinance and that the proposed amendments would assure that the courtesy benches do not become a maintenance problem, that these profit- making courtesy benches located in the public right of way are located where they are actually providing a service to the public, and that the location, advertising matter, maintenance, etc., do not become an undue burden on the adjacent property owners. This ordinance amendment also provides that the Council may by resolution establish districts, zones, or locations where private courtesy benches would not be allowed. A motion by Councilmember Peppe, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Roland Danielson, U.S. Courtesy Bench Corporation, addressed the Council in support of the proposed ordinance amendments and to discuss sidewalks and bond provisions. Mr. Roland indicated that he would like to discuss with the Council the resolution that would be addressed as part of the ordinance amendment at another time. A motion by Councilmember Nelson, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -06 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER ORDINANCES RELATING TO COURTESY BENCHES IN THE RIGHT OF WAY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 7b. AN ORDINANCE VACATING JUNE AVENUE FROM 69 TO 70 AVENUES FOR STREET PURPOSES Mr. McCauley discussed this ordinance amendment would vacate June Avenue from 69�' to 70``' Avenues for the redevelopment project in the northeast quadrant of 69 Avenue and Brooklyn Boulevard. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. 04/23/01 4- ORDINANCE NO. 2001 -07 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING JUNE AVENUE FROM 69 TO 70 Tff AVENUES FOR STREET PURPOSES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. I 8. PLANNING COMMISION ITEMS i 8a. PLANNING COMMISSION APPLICATION NO. 2001-007 SUBMITTED BY ANOKA - HENNEPIN ISD #11. REQUEST FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR A MEDIA CENTER ADDITION TO EVERGREEN PARK ELEMENTARY SCHOOL, 7020 DUPONT AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 12, 2001, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001 -007 submitted by Anoka - Hennepin ISD #11 requesting site and building plan and special use permit approval for an approximately 5,600 square foot media center addition to Evergreen Park Elementary School. The Planning Commission recommended approval of this application at its April 12, 2001, meeting subject to the following conditions: i 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinance. 5. The plan shall be modified, prior to the issuance of building permits, to provide appropriate opaque screening of the trash container area including opaque screening on a lockable gate servicing this area. The use of plastic slates woven between chain link is not acceptable as a means of meeting this opaque screening requirement. 04/23/01 -5- 6. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 7. All work performed and materials used for construction of the street utilities and the repairing of the deteriorating parking lot shall conform to the City of Brooklyn Center's current standard specifications and details. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2001 -007 subject to the above listed conditions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2001-008 SUBMITTED BY ERIN T. CUNNINGHAM AND JEFFREY SACKMASTER. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME OCCUPATION AT 2406 ERICON DRIVE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 12, 2001, MEETING Mr. Warren outlined Planning Commission Application No. 2001 -008 submitted by Erin T. Cunningham and Jeffrey Sackmaster requesting a special use permit approval to conduct a home occupation operating a machine lathe in the garage at 2406 Ericon Drive. Erin Cunningham addressed the Council after a videotape was shown to the Council demonstrating the operation of the machine lathe and reviewed the operation. Mr. Cunningham discussed the disposal of materials would be done after each job and that the only other operation at this location would be a small buffing wheel which would not make much noise. Mayor Pro Tem Lasman raised a question regarding the hours of operation. Mr. McCauley responded that the hours of operation would be between 7:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. Mr. Warren stated that the Planning Commission recommended approval of this application at its April 12, 2001, subject to the following conditions: 1. The special use permit is granted for a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive with the possible employment of no more than one non - resident employee. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the 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. 04/23/01 -6- i 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. The home occupation shall not be operated on Sunday. 5. The applicants shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of the machine lathe in the accessory structure. 6. The applicants shall provide an appropriate fire extinguisher in the area of the home occupation per the recommendation of the Building Official. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2001 -008 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING MAY 20 THROUGH 26, 2001, AS SAVE A LIFE WEEK Councilmember Peppe read the proclamation declaring May 20 through 26, 2001, as Save A Life Week. A motion by Councilmember Peppe, seconded by Councilmember Nelson to adopt proclamation declaring May 20 through 26, 2001, as Save A Life Week. Motion passed unanimously. 9b. RESOLUTION DECLARING SURPLUS PROPERTY FOR PUBLIC SALE AT CITY AUCTION Mr. McCauley discussed this resolution would declare the surplus property on file for the public sale at a City auction to be held on May 5, 2001, at Anoka -Big Lake Auction House. RESOLUTION NO. 2001-57 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY FOR PUBLIC SALE AT CITY AUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/23/01 -7- 9c. RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR IMPROVEMENTS TO WILLOW LANE Mr. McCauley discussed that at the last City Council meeting the City Council received a petition from property owners along Willow Lane between 1 -694 and the dead end north of 6e Avenue. In accordance with Minnesota Statutes, Chapter 429, the Council must make a declaration of the adequacy of the petition. A feasibility report will be prepared for the Council's consideration on May 14, 2001. This resolution would declare the petition adequate and order preparation of a report as required by Minnesota Statutes, Chapter 429. RESOLUTION NO. 2001-58 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR IMPROVEMENTS TO WILLOW LANE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9d. HENNEPIN COUNTY MUTUAL AID PACT - RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001 Mr. McCauley discussed that this resolution would approve the joint and cooperative agreement for use of law enforcement personnel and equipment dated July 1, 2001, and is needed in order to share resources to respond to public safety concerns in the communities. RESOLUTION NO. 2001-59 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 04/23/01 -8- i 9e. REVISIONS TO ANIMAL ORDINANCES -AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATION ON ANIMALS -AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS Mr. McCauley discussed these ordinance amendments to Chapter 1 and Chapter 19 are for approval of first readings and to set second readings and public hearings for May 29, 2001. The amendment to Chapter 1 would propose the following: 1. Limit the number of dogs to be kept on a residential property to two (2). 2. Keep the limit on the number of cats at three (3). 3. Provide for a combination of animals not to exceed four (4) with no more than two (2) dogs in the four (4) animal combination. 4. Add a provision for those persons who currently have private kennel licenses that they may seek renewal of their private kennel license annually with proof of rabies vaccination and payment of $30 license fee until the excess animals that are currently listed on the private kennel license application are either removed from the premises or expire. Since Chapter 19 also addresses limitations on keeping of animals, an ordinance amendment had been prepared to be consistent with the draft amendment to Chapter 1. Councilmember Peppe commented that the Council had received comments regarding the animal ordinance changes and that it should be clear to the citizens that the City Council is tightening up the animal ordinances. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first readings and set second readings and public hearings for May 29, 2001, of An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on Animals and An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals. Motion passed unanimously. 9£ STAFF REPORT RE: TWIN LAKE PARK IMPROVEMENTS Public Works Director Diane Spector reported there are a number of issues that have been discussed with the Park and Recreation Commission regarding the Twin Lake Park improvements proposed for 2002 and that in the next several months specific improvements, impact on Highway 100 project, park classification, and public input will be the next steps in this planning process. 04/23/01 -9- I Ms. Spector discussed that more information needs to be gathered and explored and once this has been done the Park and Recreation Commission will have a public meeting to present proposals and obtain neighborhood feedback. Councilmember Lasman asked if the Council would be made aware of the public meeting. Ms. Spector responded yes the Council would be made aware of the public meeting and that the Council will also receive results of the neighborhood survey that will be done once the necessary information is available to prepare the survey. A motion by Councilmember Nelson, seconded by Councilmember Peppe to accept the report. Motion passed unanimously. 9g. REPORT ON CITY COUNCIL 2001 GOALS Mr. McCauley reported that the City Council had requested a review of 2001 goals set by the City Council. Mr. McCauley reviewed the goals set for 2001 and the status of each goal. 9h. RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 Mr. McCauley discussed this resolution would amend Resolution No. 2000 -227 to adjust the non- police members of Teamsters Local 320 employees that had been de- certified and amend the 2001 pay plan to reflect the three percent general 2001 wage increase retroactive to January 1, 2001. RESOLUTION NO. 2001-60 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9i. CANCELLATION OF NEW COUNCIL MEMBER ORIENTATION ON MAY 7, 2001, AT 6:00 P.M. Mr. McCauley requested that the Council cancel the new Council Member orientation scheduled for May 7, 2001, at 6:00 p.m., and reschedule for May 21, 2001, at 6:00 p.m. so that all Council Members will be able to participate. A motion by Councilmember Peppe, seconded by Councilmember Nelson to cancel the May 7, 2001, 6:00 p.m. new Council Member orientation and reschedule for May 21, 2001, at 6:00 p.m. Motion passed unanimously. 04/23/01 -10- I I 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:16 p.m. Motion passed unanimously. J . q --� & a I City Clerk Q Mayor I I 04/23/01 -11-