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HomeMy WebLinkAbout2008 03-10 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 10, 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 6:35 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. Absent conducting official City business: Councilmembers Kay Lasman and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere; and Carol Hamer, Timesaver Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Ned Storla, 6536 Willow Lane N, addressed the Council and stated he would like to commend staff for their work on the Riverwood Street Reconstruction Project. Everything in the process went very well; staff was very reasonable and looked after the residents to ensure that it all went smoothly. Ms. Karen Jaeger, Maple Grove City Council Member and Shingle Creek Watershed Management Commissioner, addressed the Council and stated the Shingle Creek Watershed Management Commission undertakes many activities to improve and protect their water resources. Ms. Jaeger shared information regarding proper trash disposal to help in protecting the water resources and recited a proclamation the City is being requested to adopt declaring April 19th 26th, 2008 to be the Great Shingle Creek Watershed Clean -up Week, and reaffirming the City's commitment to protecting and preserving our water resources. Councilmember Yelich moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan 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. 03/10/08 -1- 4. ROLL CALL Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. Absent conducting official City business: Councilmembers Kay Lasman and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported on the upcoming Youth and Adult Partnership Summit on Saturday, March 15 at North Hennepin Community College. He stated this has grown out of a leadership summit held last August to help identify youth leaders, as well as issues in the community that concern their young people. The summit will be conducted with the participation of elected leaders in the legislature; local elected officials from Brooklyn Center and Brooklyn Park, as well as various faith based nonprofit groups. A key element of the summit will be that youth will be encouraged to come forward and provide their input and leadership to help with identifying appropriate activities and programs that will help to engage youth in constructive activities. Councilmember Yelich reported on February 29 he read to children at Evergreen Elementary School in recognition of Dr. Suess' birthday and the Read Across America program. Mayor Willson reported he also read to students at Evergreen Elementary School on the same occasion, and Police Chief Bechthold was there as well. He also had the opportunity to talk to 6 graders at the Earle Brown Elementary School Career Day on Wednesday, March 5tn 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. February 25, 2008 Study Session 2. February 25, 2008 Regular Session 3. February 25, 2008 Work Session 7b. LICENSES RENTAL 6913 Regent Ave N Thao Lai 5918 Xerxes Ave N Julius Timothy Coffinan Jr. 6821 Noble Ave N Reuben Diane Ristrom 4700 -02 68 Ave N Kristina Michael Bowe Motion passed unanimously. 03/10/08 -2- 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS Mayor Willson announced that Karen Jaeger, Maple Grove City Council Member and Shingle Creek Watershed Management Commissioner, has presented the City with a proclamation. Mayor Willson recited the proclamation declaring April 19 26, 2008 to be the Great Shingle Creek Watershed Clean -Up Week. The proclamation reaffirms the City's commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use the clean up week to help prevent water pollution and preserve our watersheds by participating in a clean -up event or by using this time to pick up trash and clean up our homes, neighborhoods, industry and community. Councilmember Ryan moved and Councilmember Yelich seconded to adopt a proclamation declaring April 19 26, 2008, to be the Great Shingle Creek Watershed Clean -up Week in the City of Brooklyn Center. Motion passed unanimously. 9. PUBLIC HEARING 9a. PUBLIC HEARINGS ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent Public utility service accounts. Mr. Boganey advised staff recommends that Council open the Public Hearings concurrently so that any individual present with a pending or potential special assessment in any of these three areas will be able to speak to the City Council. Once the Public Hearing is closed each of the resolutions can be considered individually. If Council considers an objection to be appropriate, staff recommends removing the assessment for consideration at a later date following staff review. Mr. Boganey reviewed the options available to assessed individuals in terms of how payments can be made. Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Ms. Julie and Mr. Justin Dargis, 6006 Emerson Avenue N, addressed the Council and stated their concern regarding the assessment on their property. Ms. Dargis stated their position that the property was a foreclosed home they purchased. They have made many improvements that were needed in order to make the home habitable, including improvements to the yard. There are empty homes next to and behind their property. They are trying to improve the neighborhood and have complied with everything requested by the inspector. They are asking that their assessment be waived. The majority consensus of the City Council was to defer the special assessment and continue the Public Hearing on the property at 6006 Emerson Ave N, with staff to research the specifics on the assessment and report back to Council. It was noted that the intent of this assessment policy is not to generate funds or punish anyone; it is simply to encourage compliance with the City's ordinances. 03/10/08 -3- Mr. Boganey noted for the record that Council has been provided with a written objection from Mr. Xiong, property owner at 5405 Penn Ave N, regarding his assessment for diseased tree removal costs. The majority consensus of the City Council was to defer the special assessment and continue the Public Hearing on the property at 5405 Penn Ave N, with staff to research the specifics on the assessment and report back to Council. Councilmember Ryan moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2008 -26 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008 -26 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls, with the property at 5404 Penn Ave N removed from the assessment roll to a continued Public Hearing. Motion passed unanimously. 2. RESOLUTION NO. 2008 -27 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUITON NO. 2008 -27 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls, with the property at 6006 Emerson Ave N removed from the assessment roll to a continued Public Hearing. Motion passed unanimously. 3. RESOLUTION NO. 2008 -28 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2008 -28 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS -None. 03/10/08 4- 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION NO. 2008 -29 AMENDING CITY COUNCIL CODE OF POLICIES SECTION 2.30: POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -29 Amending City Council Code of Policies Section 2.30: Policy for Public Utility Account Collections. I It was noted that the purpose of this resolution is to fairly distribute the City's costs to maintain existing utility service. Motion passed unanimously. llb. RESOLUTION NO. 2008 -30 OPTING NOT TO WAIVE LIMITED TORT LIABLITY FOR 2008 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -30 Opting Not to Waive Limited Tort Liability for 2008. Motion passed unanimously. llc. RESOLUTION NO. 2008 -31 ADOPTING REVISED WATER EMERGENCY AND CONSERVATION PLAN FOR THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item. Mr. Blomstrom discussed the history and stated the purpose of the proposed resolution. He provided a brief overview of the revised Water Emergency and Conservation Plan for the City of Brooklyn Center. There was discussion on the emergency interconnection between the cities of Brooklyn Center and Brooklyn Park. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -31 Adopting Revised Water Emergency and Conservation Plan for the City of Brooklyn Center. Motion passed unanimously. lld. RESOLUTION NO. 2008 -32 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2008 -12, 2008 STREET SEAL COATING 03/10/08 -5- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -32 Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2008 -12, 2008 Street Seal Coating. It was noted that it is encouraging to have the administration of the City participate in joint bidding operations that yield more competitive bids and save the City money. Motion passed unanimously. Ile. RESOLUTION NO. 2008 -33 AMENDING THE 2008 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF MOWER UNIT NO. 220 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -33 Amending the 2008 Central Garage Budget to Provide for the Early Order /Purchase of Mower Unit No. 220. Motion passed unanimously. 11L RESOLUTION NO. 2008-34 APPROVING MEMORANDUM OF UNDERSTANDING FOR THE LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS) AND THE CITY OF BROOKLYN CENTER FOR 2008 INSURANCE CONTRIBUTION Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -34 Approving Memorandum of Understanding for the Law Enforcement Labor Services (LELS) Local 82 (Police Officers) and the City of Brooklyn Center for 2008 Insurance Contribution. Motion passed unanimously. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:43 p.m. Motion passed unanimously. 03/10/08 -6- 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 March 10, 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 March 24, 2008, Regular Session. City Clerk Mayor 03/10/08 -7-