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HomeMy WebLinkAbout2008 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, 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleunin City Attorney Charlie 1 Hamer Timesaver Off Site Secretarial Inc. LeFevere and Caro g� Y Y Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Lyndon Holte, 5406 James Avenue North, addressed the Council and stated his request for a 4- way STOP sign at the corner of 54 and James Avenues North. He stated there have been numerous accidents on the corner. He expressed concern that there are many children in the neighborhood that are in the road unsupervised, and that something tragic will happen if a STOP sign is not installed. Mr. Harry Roberts, 5400 James Avenue North, addressed the Council and stated his request for a 4- way STOP sign at the corner of 54 and James Avenues North. He expressed concern regarding the children few ears ago and c r den that are m the street unsupervised. He stated this issue was brought up a e y g it was decided that the STOP sign was not necessary. He explained the other streets in the area with STOP signs do not control the traffic on the corner of 54 and James Avenues North because the length of street allows drivers to get up to a high speed. Mr. Boganey indicated Council will be provided with any previous report on a STOP sign request at this intersection. If a report has not been completed, then it would be appropriate for the Traffic Committee to do the necessary analysis and provide Council with a copy of the report. It was noted that it has been longer than two ears since this issue was previously g Y p Y brought to the Council and conditions have changed. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION 05/27/08 -1- 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan stated he had nothing to report. Councilmember Lasman reported on the following: May 13 attended the Mediation Awards Dinner: The events included awards to new graduates that will be working with the Mediation Program, which is used by a consortium of cities in the northwest metro area. May 16th there was a good turnout at the Brooklyn Center Crime Prevention Golf fundraising event, which she was not able to attend due to being ill. This is the major fundraiser for the Brooklyn Center Crime Prevention program. She thanked everyone that participated in the tournament and the Crime Prevention board members for putting the event together. Councilmember Yelich reported on attending the Park and Recreation Commission meeting which included a tour of local parks. The shelter at Kylawn Park is currently under construction. At the next Commission meeting there will be brainstorming on tactics for maintaining and protecting such a nice structure from vandalism. Councilmember O'Connor reported on attending the following events: Northwest Cable Commission meeting Housing Commission meeting Earle Brown Days Committee meeting: Earle Brown Days is scheduled for June 26' 28`". Mayor Willson reported on spending an evening at the Riverwood Community Barbeque. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 05/27/08 -2- 7a. APPROVAL OF MINUTES 1. May 5, 2008 Board of Appeal and Equalization 2. May 12, 2008 Study Session 3. May 12, 2008 Regular Session 4. May 12, 2008 Work Session 5. May 19, 2008 Reconvened Board of Appeal and Equalization 6. May 19, 2008 City Council /Charter Commission Joint Meeting 7b. LICENSES MECHANICAL Air It Indoor Comfort 10524 Quebec Avenue N, Brooklyn Park Cashion HVAC Services 4148 Jansen Avenue NE, St. Michael Commercial Plumbing and Heating 24428 Greenway Avenue, Forest Lake Fireside Hearth Home 2700 Fairview Avenue, Roseville Perfection Heating Air 1770 Gervais Avenue, Maplewood RENTAL INITIAL 6901 Morgan Ave N Comfort Bropleh RENEWAL 5347 -49 Penn Ave N Karen Pelak 5306 Russell Ave N Donna Reinarz 5401 Brooklyn Blvd Northport Properties 5407 Brooklyn Blvd Duane Orn 7208 Perry Ct E Vincent Okonkwo SIGN HANGER Brite Image Sign Co. 10025 Raleigh Court, Woodbury Graphic House 9204 Packer Drive, Wausau, WI TOBACCO RELATED PRODUCT Musaab Inc. 6930 Brooklyn Boulevard, Suite 8 Councilmember O'Connor stated she requested several corrections to the minutes that the rest of the Council would not accept. She will not vote in support of approving the minutes. Councilmember O'Connor voted against the same. Motion passed. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS None. 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS 05/27/08 -3- 10a. PLANNING COMMISSION APPLICATION NO. 2008 -02 SUBMITTED BY BROOKDALE OFFICE PARTNERSHIP LIMITED PARTNERSHIP, LLP. REQUEST TO TERMINATE EXISTING DECLARATION REGARDING PARKING EASEMENT AND RESTRICTIONS TO BE REPLACED BY A PROOF OF PARKING AGREEMENT AT 3300 COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2008, MEETING. Mr. Warren introduced the item, discussed the history, stated the purpose of the proposed application, and responded to questions from the City Council. It was noted that this type of request has previously come before the City and this is not an unusual process. Mr. Warren reviewed an aerial photograph of the parking typically used for the business. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2008 -002 submitted by Brookdale Office Partnership Limited Partnership, LLP to terminate existing declaration regarding parking easement and restrictions to be replaced by a proof of parking agreement at 3300 County Road 10. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008 -63 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT Mayor Willson recited Resolution No. 2008 -63 Declaring Earle Brown Days as a Civic Event. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-63 Declaring Earle Brown Days as a Civic Event. It was noted that there will be approximately ten marching bands participating in the parade, as well as participation by the Aquatennial Princess Kay Group with a float in the parade. Motion passed unanimously. 11b. RESOLUTION NO. 2008 -64 ADOPTING THE NORTH SUBURBAN EMERGENCY OPERATIONS PLAN Chief Bechtold introduced the item, discussed the history, and stated the purpose of the proposed resolution. He provided a brief overview of the North Suburban Emergency Operations Plan and answered questions of the Council. There was discussion on the nonprofit and community organizations recognized in the Plan as a resource to be utilized if necessary. There was discussion on Annex I -4, specifically in relation to the Plan as a tool in being prepared for responding to emergencies. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -64 Adopting the North Suburban Emergency Operations Plan. 05/27/08 -4- Councilmember O'Connor voted against the same. Motion passed. 11c. RESOLUTION NO. 2008 -65 AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008 -11, CENTER POINTE APARTMENTS FENCE IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution and answered q uestions of the Council. There was discussion on the proposed fence improvements and the proposed layout of the fence to control the access points to the property. Mr. Blomstrom indicated with respect to the fencing, Parking Lot A is being proposed to remain open for emergency vehicle access into the complex. Parking Lot B is proposed to be closed and removed with the improvements. Other than Parking Lot A remaining open, the proposed improvement project is consistent with what was discussed with the Council in worksession. He advised there is language included in the resolution stating that the contract is being awarded subject to receipt of an executed fence easement and a Petition and Waiver Agreement from the Center Pointe property owner. He advised the project costs are proposed to be assessed against the Center Pointe Apartments property in accordance with the necessary Petition and Waiver Agreement with the property owner. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -65 Awarding a Contract, Improvement Project No. 2008 -11, Center Pointe Apartments Fence Apartments. Councilmember Yelich stated he will be supporting this resolution with some reservation, but will be voting in favor of the resolution due to the City's obligation. It was noted that the proposal for constructing the fence around the Center Pointe Apartments property is an outgrowth of the City's agreement with the ownership of the property. It is intended to enhance the security of the apartment complex and the security of the neighboring properties. Councilmember O'Connor voted against the same. Motion passed. 11d. RESOLUTION NO. 2008 -66 APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2008 Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution, and answered questions of the Council. There was discussion on the recent wage increases of other City staff, including patrol officers, public works employees, and non -union employees. It was noted that all employees did not receive the exact same wage adjustment. Councilmember O'Connor moved to amend the wage increase for sergeants and lieutenants as follows: increase wages 3.0 on January 1, 2008, with no additional raise for the remainder of the year. Motion died for lack of a second. 05/27/08 -5- �I Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -66 Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2008. Councilmember O'Connor voted against the same. Motion passed. 11e. AN ORDINANCE AMENDING BROOKLYN CENTER CITY CODE SECTION 19- 402 RELATING TO DANGEROUS WEAPONS AND FACSIMILE FIREARMS Chief Bechtold introduced the item, discussed the history, stated the purpose of the proposed ordinance, and answered questions of the Council. There was discussion on the proposed ordinance, specifically in relation to the definition of "dangerous weapon" and the proposed additional language on facsimile firearms. Councilmember Lasman moved and Councilmember Yelich seconded to approve the first reading of an Ordinance Amending Brooklyn Center City Code Section 19 -402 Relating to Dangerous Weapons and Facsimile Firearms and set second reading and Public Hearing for June 23, 2008. There was discussion on the carrying of dangerous weapons and facsimile firearms. Chief Bechtold indicated in this type of situation an individual may be charged with a crime classified as a terroristic threat, which is a felony. Councilmember O'Connor voted against the same. Motion passed. 11L RESOLUTION NO. 2008 -67 AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2009 -2011 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was stated that there are many good programs in the City that are funded by these dollars, including low interest home improvement loans and funds for household outdoor maintenance for low income and disabled residents. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -67 Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2009 -2011. Councilmember O'Connor stated her opposition to the Urban Hennepin County Community Development Block Grant Program. It was noted that this Program funds CEAP, which conducts activities in the City such as Meals on Wheels and various other programs that benefit residents in the community. Mayor Willson and Councilmember Ryan stated their support of the proposed resolution. 05/27/08 -6- Councilmember O'Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:03 p.m. Motion passed unanimously. 05/27/08 -7- 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 May 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 June 9, 2008, Regular Session. City Clerk Mayor 05/27/08 -8-