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HomeMy WebLinkAbout2001 09-24 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 SEPTEMBER 24, 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to discuss City Council's Goals for 2002 and to express concern about the policy that does not allow residents to openly speak with Council Members individually or allow enough time to lengthily speak at City Council meetings. Ms. Niesen stated that she encourages the Council to look at the Council Meeting setup and that the Council should consider looking at issues as a Court of Law and do their own investigating. Ms. Niesen stated that she does support the Council and thanked them for their time. i ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION AND MOMENT OF SILENCE a. Father Will Lowry, St. Alphonsus Catholic Church b. Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania 09/24/01 _1 Mayor Kragness discussed that 2b, Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania, would be removed and added to the agenda after 4, Roll Call, so that the resolution could be formally adopted by the Council. Father Will Lowry, St. Alphonsus 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 7:03 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania Mayor Kragness read the resolution and requested the Pledge of Allegiance be spoken after the moment of silence. RESOLUTION NO. 2001-135 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXTENDING SUPPORT AND OFFERING CONDOLENCES FOR THE TRAGIC LOSS OF LIVES CAUSED BY THE ATTACKS ON THE WORLD TRADE CENTER AND THE PENTAGON AND BY THE AIRPLANE CRASH IN PENNSYLVANIA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. The Pledge of Allegiance was spoken. 09,24/01 -2- 5. COUNCIL REPORT Councilmember Ricker discussed that he is amazed at all the flags that Brooklyn Center residents have displayed since the incidents on September 11, 2001, and stated that he was proud to be a resident of Brooklyn Center. He commended residents of Brooklyn Center for all their support. Councilmember Lasman reported that she attended the Police Crime Prevention Program on September 19, 2001, and wanted to take the time to commend the police and staffthat were on top of things after the incidents that took place on September 11, 2001. Councilmember Peppe commended the public safety staff for their efforts handling a situation that took place in his neighborhood the night of September 11, 2001, in Brooklyn Center. Councilmember Nelson reported that he attended the Housing Commission meeting on September 18, 2001, and that the Housing Commission is working on language revisions for four City Ordinances. Councilmember Nelson also reported that he attended the Northwest Suburbs Cable Communications meeting on September 20, 2001, and that the Commission is researching a new franchise. Mayor Kragness reported that she attended the Minnesota Mayors Conference on September 22 and 23, 2001, and that the Mayors were asked to prepare a resolution of support for the Mayors of New York and Washington. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes from the September 10, 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. MECHANICAL P & D Mechanical Contractors 4629 41 ' Avenue North, Robbinsdale Kumar Mechanical, Inc. 877 SW 3' Street, New Brighton Yours by Design Heating & Cooling 1061 109 Avenue NE, Blaine 09/24/01 -3- PRIVATE KENNEL Denise Mueller 16017& Avenue North Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 5919 Pearson Drive Gary Nesseth 5318 Queen Avenue North Carin Rudolph 5329 Queen Avenue North Alvin Stachowski Riverwood Estates LLC Donald Kasbohm 5340 -44 Russell Avenue North Judith Swenson Initial: 5918 June Avenue North Janet Kmett 6c. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001-16, CONTRACT 2001 -G, 2001 SEALCOATING RESOLUTION NO. 2001-136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001-16, CONTRACT 2001 -G, 2001 SEALCOATING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6d. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION (This item relates to the development at Brooklyn Boulevard and 55 Avenue is presented this evening for first reading) A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading of ordinance and set second reading and public hearing for October 8, 2001. Motion passed unanimously. 6e. RESOLUTION AMENDING THE 2001 GENERAL FUND BUDGET TO PROVIDE FOR THE REPAVING OF THE PARKING LOT AT LIONS PARK 09/24/01 -4- RESOLUTION NO. 2001-137 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 GENERAL FUND BUDGET TO PROVIDE FOR THE REPAVING OF THE PARKING LOT AT LIONS PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-138 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. 6g. RESOLUTION APPROVING SUPPLEMENTARY AGREEMENT NO.1 AND CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2001-139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTARY AGREEMENT NO. 1 AND CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. PRESENTATION ON 2002 MARKETING PLAN - MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU � 09/24/01 -5- John Connelly, Minneapolis Metro North Convention and Visitors Bureau Executive Director, presented information regarding the 2002 Marking Plan for the Minneapolis Metro North Convention and Visitors Bureau and shared that the 2001 goals are financially on track and that the goals have been approximately 70 to 80 percent reached. Mayor Kragness suggested that Mr. Connelly share with the audience how many communities are involved with the Bureau's operation. Mr. Connelly reported that the funding cities currently include Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview, and that this upcoming year will be the Bureau's 16`" year of operation. Councilmember Peppe inquired about the destination assessment and Mr. Connelly reported some on the assessment. Mr. Connelly discussed the Bureau is working on a new initiative of a shuttle service from the airport to hotels and from the hotels to the airport and that Brooklyn Center's help would be required once this initiative is ready for discussion. Mr. Connelly informed the Council that the plan will be finalized in December and if the Council had any further comments or questions to contact him. Mr. Connelly expressed thanks for the partnership that the City of Brooklyn Center contributes to the Bureau. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 TH AND BROOKLYN BOULEVARD) Assistant City Manager Jane Chambers discussed that the plat has not been filed and suggested tabling this item to the October 8, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to the October 8, 2001, meeting. Motion passed unanimously. 8b. AN ORDINANCE PROHIBITING THE FEEDING OF DEER Ms. Chambers discussed that this public hearing for an Ordinance Prohibiting the Feeding of Deer was continued at the August 13, 2001, meeting and suggested that the public hearing be continued. A motion by Councilmember Lasman, seconded by Councilmember Nelson to continue the Public Hearing. Motion passed unanimously. 09/24/01 -6- Susan Niemi, 3824 France Place, addressed the Council to express that she was against this ordinance and shared that she moved into Brooklyn Center knowing there would be deer in the area. Ms. Niemi enjoys the deer in her neighborhood and believes adopting this ordinance prohibiting the feeding of deer will not do anything to keep the deer out of Brooklyn Center. Ms. Niemi suggested that more signs be placed throughout Brooklyn Center to alert people that deer are in the area to help with the traffic issues. i Mayor Kragness informed Ms. Niemi that the ordinance is a safety issue that has been brought to the Council's attention and that the feeding of deer is helping to cause issues regarding the number of deer in the City. A resident who lives next to Ms. Niemi, addressed the Council to express her anger about the ordinance prohibiting the feeding of deer. Mary Saugestad, 5912 Upton Avenue North, addressed the Council to discuss that she is against the ordinance and believes that signs would help for safety purposes. Ms. Saugestad suggested that the Council consider moderation instead of deprivation. Sue Herther, 3820 France Place, addressed the Council to discuss that she is concerned with the number of bird feeders that she has in her yard and questioned the ordinance amendment that would not allow her to feed the birds. Mayor Kragness read the ordinance amendment and indicated that the intention of this ordinance amendment is to eliminate the feeding of deer, not to stop the feeding of birds. A resident from the City of Minnetonka addressed the Council to discuss that Tree Guard is a protector that has been helpful in keeping the deer away in Minnetonka and that she supports the ordinance prohibiting the feeding of deer in Brooklyn Center since she knows from experience of living in the City of Minnetonka that deer can cause safety problems. Ms. Saugestad inquired about the fines and/or penalty if an individual were to be found not in compliance with the ordinance. City Attorney Charlie LeFevere discussed that the penalty would fall under the fines of a public nuisance and that the offense would be a misdemeanor at this time. Councilmember Ricker discussed that he understands the appreciation for wildlife; however, other issues arrive such as safety, which is why this ordinance is being initiated. A motion by Councilmember Nelson, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Peppe discussed that he agrees that the feeding of wildlife is not helping the safety issues that have raised in the City and that the City has to be responsible with controlling animals for safety. 09/24/01 _7_ I i Councilmember Nelson discussed his background in natural science and the other issues that are created with animals other than deer. ORDINANCE NO. 2001-14 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE PROHIBITING THE FEEDING OF DEER The motion for the adoption of the foregoing ordinance was duly seconded by Coumcilmember Ricker. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING Mayor Kragness discussed that this ordinance amendment would delete language referencing dog licensing since the Council recently eliminated the dog licensing process. 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 Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-15 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001-019 SUBMITTED BY SANDNESS CONSTRUCTION. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR AN APPROXIMATE 7,000 SQ. FT. ADDITION TO THE SPIRITUAL LIFE CHURCH, 6865 SHINGLE CREEK PARKWAY. 09/24/01 -8- THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 13, 2001, MEETING Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001 - 019 submitted by Sandness Construction requesting for site and building plan approval for an approximate 7,000 square foot addition to the Spiritual Life Church at 6865 Shingle Creek Parkway and discussed that the Planning Commission recommended approval of this application at its September 13, 2001, meeting subject to the following conditions: 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. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are 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 Ordinances. 4. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 5. Plan approval acknowledges a preschool use on the property. The applicant shall receive appropriate licensing from the Minnesota Department of Human Services and a copy of said license shall be kept on file with the City. Council discussed the ponding issues and the initial requirements regarding the ponding. Mr. Warren informed the Council that the Church had corrected an issue from original condition and that in the future there will be no additions or resizing of the ponds. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -019 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING OCTOBER 7 THROUGH 13, 2001, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 7 Through 13, 2001, To Be Administrative Services Week. 09/24/01 -9- i A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt the proclamation. Motion passed unanimously. 10b. PROCLAMATION DECLARING NATIONAL BREAST CANCER AWARENESS MONTH 2001 Mayor Kragness read the Proclamation Declaring National Breast Cancer Awareness Month 2001. A motion by Councilmember Peppe, seconded by Councilmember Lasman to adopt the proclamation. Motion passed unanimously. loc. RESOLUTION APPROVING FINAL PLAT, BRI -MAR ADDITION Ms. Chambers discussed that the Council approve the preliminary plat at its August 27, 2001, meeting, and since then the property owner has submitted an application for final plat approval. RESOLUTION NO. 2001-140 i Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, BRI -MAR ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Ricker, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:24 p.m. Motion passed unanimously. City lerk Ma w � y 09/24/01 -10-