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HomeMy WebLinkAbout1997 05-27 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 MAY 27, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORTS Mayor Kragness reminded citizens about the upcoming public meeting regarding building needs, Wednesday, May 28, 1997, at 7:00 p.m. in Constitution Hall. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that the minutes of the April 28, 1997 -- Regular Session and Taxicab License 4143 for Northstar Cab be removed from the agenda. Councilmember Carmody requested that item 7.j. Set Date for Work Session be added to the agenda. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the April 23, 1997- -Work Session and May 1, 1997 - -Joint Session with Financial 5/27/97 -1- Commission as printed passed unanimously. RESOLUTION NO. 97 -88 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE JOINT POWERS AGREEMENT FOR EMERGENCY /STANDBY WATER INTERCONNECT BETWEEN THE CITIES OF BROOKLYN PARK AND BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -89 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1997 -11, ELEVATED STORAGE TANK REPAIR -- TOWER NO.2 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -90 Member Carmody introduced the following resolution and moved its adoption: ' RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1995-05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -91 Member Carmody 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 member Peppe 5/27/97 -2- and passed unanimously. APPLICATION FOR TEMPORARY ON -SALE LIQUOR LICENSE AT ST ALPHONSUS CHURCH A motion by Councilmember Carmody and seconded by Councilmember Peppe to allow the temporary on -sale liquor license at St. Alphonsus Church passed unanimously. RESOLUTION NO. 97 -92 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AMENDMENT TO YEAR 1995 PROJECTED USE OF FUNDS FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES Amusement Devices - Operator Earle Brown Bowl 6440 James Circle North Fuddruckers 5800 Shingle Creek Parkway Lynbrook Bowl 6357 Lilac Drive North Amusement Devices - Vendor American Amusement Arcades 2100 West 96th Street, Bloomington B & K Music and Sales 133 Spring Valley Circle, Bloomington Garbage and Refuse Collection Vehicles Aagard Sanitation 3291 Terminal Drive, Eagan Mechanical Systems C 0 Carlson Air Conditioning Co., Inc. 1203 Bryant Avenue North, Minneapolis Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Boulevard, Coon Rapids United Heating and A/C 1295 Hackamore Road, Medina Rental Dwellings Initial: Orval Hage 1807 70th Avenue North Renewal: 5/27/97 -3- James Soderberg Melrose Gates Apartments Lyndon and Carole Carlson 5819 Halifax Avenue North Amos Levang 4100 Lakebreeze Avenue North James and Bobbie Simons 4210 Lakebreeze Avenue North David Theisen 5601 Lyndale Avenue North Jan Gibson Talbot 6012 Zenith Avenue North Edward Doll 12015 7th Avenue North Sign Hanger Attracta Sign 7420 West Lake Street, St. Louis Park Taxicab Northstar Taxi 8481 Sumter Circle North, Brooklyn Park Cab Nos. 161, 162, 141, 165, 180, 167, 170 United Cab Services 1401 Portland Avenue, Minneapolis Cab No. 11 OPEN FORUM There were no requests for open forum. COUNCIL CONSIDERATION ITEMS RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION Mayor Kragness expressed appreciation to Ulyssess Boyd for his dedicated'public service on the Charter Commission from May 18, 1989, through April 20, 1997. RESOLUTION NO. 97 -93 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 29. 1997 5/27/97 -4- RESOLUTION NO. 97-94 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 29, 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. MOBILE COMPUTING DEVICE (MCD) SYSTEM UPDATE STATE OF MINNESOTA CONNECTION City Manager McCauley reported on progress with the Mobile Computing Device system. Over the past months LOGIS has awaited the outcome of the Sparks, Nevada, and the West Covina (California) Public Safety Department's development efforts to create an external link between the Sparks Police Department and the State of Nevada. The Sparks Police Department operates the same HP 3000 police Computer Aided Dispatch (CAD)/Records Management System (RMS) as LOGIS, which is used by Brooklyn Center Police Department. In addition, the State of Nevada has the same Law Enforcement Messaging System (LEMS) as the Bureau of Criminal Apprehension (BCA) in Minnesota. The BCA indicated to LOGIS that when the programming and debugging efforts were completed by both Sparks and West Covina, LOGIS would implement this software solution for its interconnection with the State of Minnesota. In a recent meeting with LOGIS and BCA officials, it was discovered that the BCA in Minnesota may not now support this approach. The programming mechanism for the messaging switch that is used to move messages between the State of Nevada and Sparks Police Department is not currently an acceptable way of linking to the BCA in Minnesota. This is a recent development resulting from the BCA in Minnesota continuing to customize their LEMS switch and computing environment differently from Nevada's system. Mr. McCauley noted that LOGIS has decided to seek out and hire a firm who has completed police /state interconnections for other Minnesota law enforcement agencies. The goal is to have the interconnect working within two to three months. The Council expressed dismay over the lengthy process to implement this MCD system. Councilmember Hilstrom hoped that Council would support directing staff to put together all of the options. Mayor Kragness requested that Mr. Mike Garris, LOGIS Director, update the Council as soon as possible. Mr. McCauley stated that he would request more information. SET DATE FOR MEETING WITH BROOKLYN COMMUNITY CHAMBER OF COMMERCE BOARD OF DIRECTORS 5/27/97 -5- A motion was made by Councilmember Carmody to set a date of June 9, 1997, 5:30 p.m., Constitution Hall, for a dinner meeting with the Brooklyn Community Chamber of Commerce. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN R -1 AND R -2 DISTRICTS City Manager McCauley noted that the Council has had recent discussions regarding accessory buildings in the R -1 and R -2 Districts in relation to a recent variance request under Planning Commission Application No. 97005 submitted by Mr. Timothy Thompson, 5945 Camden Avenue North. There are two areas in the Zoning Ordinance which regulate accessory buildings in these districts. One area allows accessory buildings or carports as permitted accessory uses provided the ground coverage of any accessory building not exceed 1,000 square feet, no more than two accessory structures are permitted on one residential premises, and the total ground coverage of an accessory building or buildings not exceed the ground coverage of the dwelling building on the premises. The other area of the Zoning Ordinance requires accessory buildings to be separated from principal buildings or other accessory buildings by at least six feet, prohibits accessory buildings within the side yard adjacent to the street of a corner lot, limits accessory buildings to no more than 15 feet in height, and prohibits accessory buildings as well as some other structures from being used as a residence or dwelling. Councilmember Peppe stated that restrictions on garage sizes in the Zoning Ordinance were too restrictive. Planning and Zoning Specialist Ron Warren addressed several questions from the Council and asked Council's direction in how the Council wants the present ordinance amended. A motion was made by Councilmember Carmody to direct the Planning Commission to review and recommend on accessory structure regulations. The motion was seconded by Councilmember Hilstrom and passed unanimously. REGULATION OF SECONDHAND GOODS DEALERS City Manager McCauley noted City Attorney Charlie LeFevere's overview of the regulations imposed on the operation of secondhand goods dealers such as the Tried and True Tools secondhand tool business which is proposing to relocate to Brooklyn Center. Most of the regulatory provisions of the ordinance applicable to pawnshops would also apply to secondhand goods dealers. According the Mr. LeFevere, the Brooklyn Center City Code provisions relating to pawnshops and secondhand goods dealers appear to be directed primarily to issues relating 5/27/97 -6- to the receipt of stolen goods. In deciding whether to treat secondhand goods dealers differently from pawnshops, Mr. LeFevere believed that the Council should consider whether there is something about secondhand goods dealers that makes such businesses less likely to be involved in receiving stolen goods than pawnshops. Councilmember Carmody stated that secondhand goods dealers shouldn't be held to the same level of scrutiny as pawnbrokers. Councilmember Peppe disagreed with Councilmember Carmody's statement. Paul Williams, Tried and True Tools, Inc., answered several questions. Council consensus was to direct the City Attorney to explore several options for secondhand goods dealers while maintaining adequate safeguards in dealing with stolen property. TRANSFER OF LIQUOR LICENSES City Manager McCauley responded to a Council inquiry recently regarding the permissibility of transferring a liquor license from one location to another. The question came up in relation to a request by a holder of a liquor license at the Day's Inn for a refund of a portion of his liquor license fee when his lease was terminated. Though that applicant has not requested a transfer of a liquor license, this information is provided in case the question arises in the future. According to City Attorney Charlie LeFevere, liquor licenses are granted for a specific "premises" and for a specific applicant. With one specific exception, any transfer from place to place or person to person would require a new license application and payment of the appropriate fee. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA AUTO THEFT PREVENTION PROGRAM FOR THE LOCAL LAW ENFORCEMENT GRANTS PROGRAM City Manager McCauley explained that the Brooklyn Center Police Department has submitted a grant application requesting approximately $98,000 to fund the investigation and prevention of auto thefts. The grant funding will allow the Brooklyn Center Police Department to devote significant personnel and resources to combat auto theft without adversely impacting on the department's ability to respond to calls for service and to conduct complete investigations of reported crimes. Mr. McCauley noted that these investigation efforts would only be conducted if grant funds were allocated to Brooklyn Center. 5/27/97 -7- RESOLUTION NO. 97 -95 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA AUTO THEFT PREVENTION PROGRAM FOR THE LOCAL LAW ENFORCEMENT GRANTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 & 1998 City Manager McCauley explained that representatives of Law Enforcement Labor Services (LELS) Local No. 82, City staff, and union representatives have come to agreement on a two- year contract, with the exception of two points. Rather than hold up the activation of the majority of the contract, it was proposed between LELS and the City that these two items would be settled through interest arbitration scheduled for July 1997. The two items for arbitration are: 1) the use of the words "shall" and "may" with regard to provision of options in the cafeteria plan; and, 2) sergeant's pay. Major provisions of the contract contain a wage package of three percent on the base wages for two years, effective January 1 of each year, 1997 and 1998. This increase is consistent with settlements that are occurring around the metro area for both organized and non - organized employees, and is consistent with the three -year settlement made with Local 49 (Public Works) and the pay for non - union employees. Also, the contract provides for a cafeteria insurance plan. This plan is the same as that contained in the Local 49 contract and the plan offered to non -union employees. RESOLUTION NO. 97-96 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 & 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 5/27/97 -8- SET DATE OF WORK SESSION A motion was made by Councilmember Carmody to set a date of June 3, 1997, 6:30 p.m., for a work session meeting with Hennepin County Commissioner Mike Opat. The motion was seconded by Councilmember Hilstrom and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:15 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 5/27/97 -9-