HomeMy WebLinkAbout2008 10-27 CCM Regular SessionMINUTES 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
OCTOBER 27, 2008
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 called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary
Eitel, Public Works Director/City Engineer Steve Lillehaug, City Clerk Sharon Knutson, and Carol
Hamer, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Mr. Ron Ruppert, 3900 52°d Avenue N, appeared before the Council and expressed concern
regarding a citation received for having more than two dogs at his property. He stated he was
informed they would need to receive permission from the City Council to keep the third dog. The
dogs are little Yorkies that weigh about four pounds. One of the dogs is about 12 or 13 years old; it
is blind and has had a stroke, and her life expectancy is not great. They are requesting a kennel
license or a variance until the older dog dies.
Mayor Willson explained that council members will not be able to enter into dialogue on this topic
this evening, as Open Forum is not used as a time for problem solving, but rather to hear from the
citizens.
Councilmember O'Connor stated she will be offering a motion shortly to add a discussion on
whether to grant this variance to the agenda tonight. Mayor Willson reiterated that Open Forum is
not a time for problem solving. If the Council determines it should be added to the agenda this
evening that is a different issue. Staff time will be needed to research the issue to ensure that the
ordinance is being followed. He explained there is not a permit or variance procedure for what is
being requested.
Mr. Jerry Ryan, 3507 53rd Place N, appeared before the Council and stated he had a problem similar
to Mr. Ruppert's when they were caring for the dog of a friend that was sick with cancer in addition
to their two dogs. He expressed concern that the community service officer yelled at them when a
neighbor called the City and complained about the dogs and about the court process they went
through. He requested that the ordinance be read and said the ordinance states that there can be two
dogs, three cats, or any combination. He stated he moved out of his residence, not only because of
this, but also because of harassment from the City for menial things that their neighbor was
complaining about. He stated his opinion that this issue deserves an answer tonight.
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Mr. Randy Hammond, 3906 52nd Avenue N, appeared before the Council and stated he has lived
next door to Mr. Ruppert for 23 years. They have always had dogs, and they have never been a
problem. He stated his support for allowing the three dogs to remain at the property.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 7:00 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at
7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary
Eitel, Public Works Director/ City Engineer Steve Lillehaug, City Clerk Sharon Knutson, and Carol
Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
- None.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda.
Councilmember O'Connor moved and Councilmember Yelich seconded to amend the work session
agenda to include a discussion on dogs with a review of the City Ordinance relating to dogs, and to
reply to the residents that spoke during Open Forum.
Mayor Willson voted against the same. Motion carried.
Motion on Approval of the Agenda and Consent Agenda was amended as follows: To approve the
Agenda and Consent Agenda, as amended, with the addition of agenda item 11 e: Resolution
Requesting Reconsideration of 2030 Transportation Policy Plan, and agenda 11 f. Designating Holly
Sunday as Sesquicentennial Event, and the addition of work session agenda item 5: Discussion on
the City Ordinance relating to dogs, and the following consent items were approved:
7a. APPROVAL OF MINUTES
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1. October 13, 2008 -
Study Session
2. October 13, 2008 -
Regular Session
3. October 13, 2008
- Work Session
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7b. LICENSES
MECHANICAL
Ray Welter Heating Company
United Heating and Air
RENTAL
INITIAL
1510 69th Ave N
1108 57th Ave N
4306 66th Ave N
2923 68th Ln N
877 70th Ave N
6801 Emerson Ave N
5332 Humboldt Ave N
6000 Xerxes Ave N
RENEWAL
Brookdale Towers
6915 Humboldt Ave N
Crossings @ Brookwood Manor
6125 Lilac Dr N
Crossings @ Brookwood Estates
6201 Lilac Dr N
7240 West River Road
5006 65th Ave N
6724 Drew Ave N
5315 Fremont Ave N
4207 Lakeside Ave #123
5332 Lilac Dr N
7124 Newton Ave N
4637 Chicago Avenue S, Minneapolis
1295 Hackamore Road, Medina
Troy Pullis
Chai Thao
Chadwick Lashinski
Steven Pfeiffer
Kathy Nguyen
Anita Landry
John Bigelow/Jason Brovitch
Yolanda Garibay
Hillaway Investments LLC
Lang Nelson Associates
Lang Nelson Associates
Nedzad Ceric
Eva Wilson
John Hodgkins
David Barnhart
Donna Kabanuk
Mark Lundberg
Gary Hanagan
7c. RESOLUTION NO. 2008-115 REQUESTING ADDITIONAL TIME WITHIN
WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL"
REVIEW OBLIGATIONS
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Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8a. PROCLAMATION DECLARING OCTOBER 27, 2008, TO BE DESIGNATED AS
RANDOM ACTS OF KINDNESS DAY
Councilmember Lasman moved and Councilmember Ryan seconded to adopt a Proclamation
Declaring October 27, 2008, to be Designated as Random Acts of Kindness Day.
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Mayor Willson recited Proclamation Declaring October 27, 2008 to be designated as Random Acts
of Kindness Day.
Motion passed unanimously.
Councilmember O'Connor pointed out that the Council just voted to make October 27 h Random
Acts of Kindness Day, and that people pay more than 50% of their income to all levels of
government in taxes and fees.
Councilmember O'Connor moved to reduce property taxes for the residents of Brooklyn Center.
Motion failed for lack of a second.
8b. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND
CERTIFICATE CEREMONY
City Council Members recited the following nominees for Random Acts of Kindness and the
individuals they were nominated by:
Nominee
Nominated By
Lee and Polly Engh
Crystal Hogancamp
Edna and George Gunderson
Jeff and Julie Basche
Rich Hadokowitz
John Russell
John Noreen
Ruth Bona
Palmer Lake Elementary School Staff
Tommy Watson
Don Schriefels
Myrna Kragness Kauth
Jan Tieden
Linda Martin
Tom Trombley
Gail and Jim Ebert
Gary and Mavis Kuensting
Steve and Tricia Scarlato
Larry Saas
Steve and Tricia Scarlato
Kari and Chad Tolifson
Steve and Tricia Scarlato
Mike Masica, Post Office
Diane Sannes
Paul Anderson, Post Office
Diane Sannes
Don Deppa, Cub Foods
Diane Sannes
Tim Roche
Diane Sannes
Darrel Nelson
Diane Sannes
Sue Rice
Diane Sannes
Pat Snodgrass
Diane Sannes
Brenda Malone
Diane Sannes
Darryl Sannes
Diane Sannes
Carolyn Livingston, Barnes & Noble
Diane Sannes
Ann Gallagher, Channel 12
Diane Sannes
Caren Staples, Health Partners
Diane Sannes
Mark Allen, Allen Property Services
Diane Sannes
Pastor Marilyn Evans, Brooklyn United
Methodist Church
Diane Sannes
Wendy Erlien, Sun-Post Editor
Jim Liston, Culvers
Diane Sannes
Diane Sannes
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Mayor Willson expressed the Council's appreciation to the recipients of the Random Acts of
Kindness Certificates.
8c. RESOLUTION NO. 2008-116 EXPRESSING RECOGNITION AND APPRECIATION
OF JOSHUA XIONG FOR HIS DEDICATED PUBLIC SERVICE ON THE
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY
COMMISSION
Councilmember Lasman moved and Councilmember Ryan seconded RESOLUTION NO. 2008-116
Expressing Recognition and Appreciation of Joshua Xiong for his Dedicated Public Service on the
Northwest Hennepin Human Services Council Advisory Commission.
Motion passed unanimously.
It was noted there are vacancies on the Northwest Hennepin Human Services Council and the
Housing Commission.
9. PUBLIC HEARING
-None.
10. PLANNING COMMISSION ITEMS
-None.
11. COUNCIL CONSIDERATION ITEMS
11a. RESOLUTION NO. 2008-117 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2007-05,06,
07 & 08, CONTRACT 2007-B, RIVERWOOD AREA NEIGHBORHOOD STREET,
STORM DRAINAGE AND UTILITY IMPROVEMENTS
Mr. Boganey introduced the item and discussed the history of Improvement Project Nos. 2007-05,
06, 07 & 08.
Mr. Lillehaug provided an overview of Resolution No. 2008-117 and staff's recommendation to
accept the work performed and authorize final payment on Contract 2007-B to C.W. Houle Inc. of
Shoreview, Minnesota.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008-117, Accepting Work Performed and Authorizing Final Payment, Improvement Project
Nos. 2007-05, 06, 07 & 08, Contract 2007-13, Riverwood Area Neighborhood Street, Storm
Drainage and Utility Improvements.
There was discussion on the one-year warranty included in the contract. There was discussion on
project costs, specifically in relation to legal costs and the use of contingency funds. It was noted
that the final project cost was under-budget.
Motion passed unanimously.
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llb. RESOLUTION NO. 2008-118 APPROVING AN ADDENDUM TO CONTRACT,
IMPROVEMENT PROJECT NO. 2008-15, FIBER OPTIC EAST AND WEST FIRE
STATIONS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution. Mr. Boganey answered questions regarding joint trench areas, specifically in relation to
the cost savings benefit to the City. He explained the benefit was calculated based upon the cost that
would be incurred if it was necessary to hire someone to complete locations for the fiber optic line
on the City's behalf.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-118 Approving an Addendum to Contract, Improvement Project No. 2008-15, Fiber Optic
East and West Fire Stations.
Mr. Boganey noted another benefit of the fibers lines being co-located is the avoidance of a separate
trench and easement, resulting in less land being restricted by the existence of the utility.
Councilmember O'Connor voted against the same. Motion passed.
llc. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF
ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES
Mr. Eitel provided an overview of the proposed ordinance and answered questions of the Council.
There was discussion on the proposed ordinance, specifically in relation to Section 23-1204. Mr.
Boganey clarified that the proposed ordinance does not establish the zoning requirements; this will
be addressed separately in agenda item 11 d.
Councilmember Lasman moved and Councilmember Ryan seconded to approve the first reading and
set second reading and Public Hearing for November 24, 2008 for an ordinance amending Chapter
23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles.
Motion passed unanimously.
lld. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES
Mr. Eitel provided an overview of the proposed ordinance.
Moved by Councilmember O'Connor to amend the proposed ordinance as follows:
Section 35-322, 3, e: The sale of motor vehicles at retail provided the use is conducted on at least a
tom) two (2) acre parcel of land containing a structure or structures occupying a minimum of
fifteen percent (15%) of said parcel of land.
Motion failed for lack of a second.
Councilmember Lasman moved and Councilmember Ryan seconded to approve the first reading and
set second reading and Public Hearing for November 24, 2008 for an ordinance amending Chapter
35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles.
Councilmember O'Connor voted against the same. Motion passed.
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Ile. RESOLUTION NO. 2008-119 REQUESTING RECONSIDERATION OF 2030
TRANSPORTATION POLICY PLAN
Mayor Willson stated the proposed resolution was discussed in the Council Study Session prior to
this City Council meeting.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2008-119 Requesting Reconsideration of 2030 Transportation Policy Plan.
Mayor Willson recited the proposed resolution.
Councilmember Ryan and Mayor Willson stated their support of the proposed resolution.
Councilmember O'Connor stated her opposition of the proposed resolution.
Councilmember O'Connor voted against the same. Motion passed.
IIf. DESIGNATING HOLLY SUNDAY AS SESQUICENTENNIAL EVENT
Mayor Willson stated the proposed designation of Holly Sunday as a Sesquicentennial Event was
discussed in the Council Study Session prior to this City Council meeting.
Councilmember Yelich stated the State's 150th birthday celebration is an opportunity to call attention
to local City events. He is proposing that the City declare Holly Sunday on December 7, 2008 as a
Sesquicentennial Event.
Councilmember Yelich moved and Councilmember Lasman seconded to designate Holly Sunday as
a Sesquicentennial Event and to register the Holly Sunday Event with the State of Minnesota.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 7:58 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of
Brooklyn Center, Minnesota, certifies:
1. That attached hereto is a full, true, and complete transcript of the minutes of a
Regular Session of the City Council of the City of Brooklyn Center held on
October 27, 2008.
2. That said meeting was held pursuant to due call and notice thereof and was duly
held at Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its November 10, 2008, Regular
Session.
City Clerk
Mayor
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