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HomeMy WebLinkAbout2008 07-14 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 JULY 14, 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 6:48 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, City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson 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, City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 07/14/08 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan stated he had nothing to report at this time. Councilmember Lasman reported on attending the following events: Earle Brown Days Events. She commended the committee for its hard work. June 30th Comprehensive Plan meeting with City commissions. She encouraged public input during the preparation of the Plan. July 10th Association for Responsible Management (ARM) Meeting. Councilmember Yelich reported on attending the Carnival and Bazaar at the Imam Hussain Islamic Center on Saturday, July 13th. Councilmember O'Connor reported on attending the following events: June 30th Comprehensive Plan meeting with City commissions. Housing Commission meeting. Earle Brown Days Committee meetings and Earle Brown Days events. Town Meeting with Senator Scheid, Representative Hilstrom, and Representative Nelson. Riverwood Rain Garden Planting. Organization of a children's pizza party and a children's baseball game. League of Minnesota Cities Fiscal Futures meeting where she gave her suggestion to solve the health care crisis. Mayor Willson reported on attending the following events: Brooklyn Youth Initiative. July 10th Visit Minneapolis North meeting followed by a late dinner meeting with Mayor Lampi of Brooklyn Park. Town Meeting with Senator Scheid, Representative Hilstrom, and Representative Nelson. The meeting was attended by the full City Council. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Pp g Ryan seconded to approve the Agenda and Y Consent Agenda and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. June 23, 2008 Study Session 2. June 23, 2008 Regular Session 3. June 23, 2008 Work Session 4. June 30, 2008 2030 Comprehensive Plan Update w/ Commissions 07/14/08 -2- 7b. LICENSES AMUSEMENT DEVICES American Amusement Arcades 2100 West 96 Street, Bloomington @AMF Earle Brown Lanes 6440 James Cir N GARBAGE HAULERS Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Farmers Union Industries LLC dba Midwest Grease P.O. Box 26, Redwood Falls T L Sanitation Service P.O. Box 49695, Blaine MECHANICAL Sabre Plumbing Heating A/C 3062 Ranchview Ln N, Plymouth Wencl Services, Inc. 8148 Pillsbury Ave S, Bloomington RENTAL INITIAL 3906 61 Ave N Lucky Igbinoba 6813 Humboldt Ave N B302 Gilbert Gamino RENEWAL 6744 France Ave N Donald Renelt 5328 -30 Queen Ave N Chad Amy Bucher 5115 Twin Lake Blvd E Ruth Cioni 5913 Admiral Ln Rosita Acosta 6626 Camden Dr Jeremy Sutton 6835 Colfax Ave N Adeyinka Badewa 3900 Janet Ln Keith Carlson 6661 Xerxes PI N Igor Epshteyn TOBACCO RELATED PRODUCT Amarose Gifts 1108 Brooklyn Center Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 8a. PROCLAMATION CONGRATULATING KIRSTEN EDSTROM ON EARNING THE GIRL SCOUT GOLD AWARD Mayor Willson recited the proclamation congratulating Kirsten Edstrom on earning the Girl Scout Gold Award. 07/14/08 -3- Councilmember Lasman moved and Councilmember Yelich seconded to adopt a Proclamation Congratulating Kirsten Edstrom on Earning the Girl Scout Gold Award. Motion passed unanimously. 8b. PROCLAMATION CONGRATULATING BECKY THELEN ON EARNING THE GIRL SCOUT GOLD AWARD Mayor Willson recited the proclamation congratulating Becky Thelen on earning the Girl Scout Gold Award. Councilmember Ryan moved and Councilmember Yelich seconded to adopt a Proclamation Congratulating Becky Thelen on Earning the Girl Scout Gold Award. Motion passed unanimously. 8c. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Ms. Susan Blood, Ms. Myrna Kragness, and Ms. Julie HaTruong of the Northwest Hennepin Human Services Council (NWHHSC) provided background information on the NWHHSC and an update on the services provided by the NWHHSC. Ms. Blood expressed appreciation for Mr. Boganey's service on the NWHHSC Board. She highlighted the agencies that partner with NWHHSC and expressed appreciation of the Advisory Commission members. Ms. Blood stated NWHHSC appreciates the City's support and partnership. She stated the piloting that is being done in Brooklyn Center is making a difference in the area. Mayor Willson stated this City Council has taken a lead role in forming partnerships with Brooklyn Park and other entities. They realize that going it alone will not get the job done and the importance of partnerships being formed. 9. PUBLIC HEARING 9a. ORDINANCE NO. 2008 -05 AMENDING SECTIONS 11 -107 AND 11 -110 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 07/14/08 -4- Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008 -05 Amending Sections 11 -107 and 11 -110 of the City Code of Ordinances Relating to Liquor Licenses. Motion passed unanimously. 9b. ORDINANCE NO. 2008 -06 AMENDING ORDINANCE NO. 2006 -03 REGARDING COUNCIL SALARIES FOR 2009 -2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember O'Connor moved to amend the proposed ordinance by deleting Section 2. Motion died for lack of a second. Councilmember O'Connor moved to amend Section 3 of the proposed ordinance as follows: Effective January 1, 2010, the annual salary for Mayor shall be $11,166 and the annual salary for Council Members shall be $8,549. Motion died for lack of a second. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008-06 Amending Ordinance No. 2006 -03 Regarding Council Salaries for 2009 -2010. Councilmember Ryan stated his support of the proposed ordinance as the recommendation of the Financial Commission, and that the City Council should not set its own salary. It was noted that with this salary adjustment the 2009 budget will increase by $891 and by $907 in 2010, totaling $1,798 in the two year period. Mayoral out -of -state commitments are not being done this year due to personal issues and timing. The savings for this alone will more than cover this two -year period of the salary increases. Councilmember O'Connor voted against the same. Motion passed. 07/14/08 -5- 10. PLANNING COMMISSION ITEMS -None. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008 -74 ESTABLISHING IMPROVEMENT PROJECT NOS. 2009 -05, 06, 07, AND 08, 69TH AVENUE AND SHINGLE CREEK PARKWAY STREET AND UTILITY IMPROVEMENTS Mr. Boganey recognized Mr. Blomstrom for his work with the City. He stated this is one of the last meetings that Mr. Blomstrom will be attending, as he has accepted an opportunity with another city. Mayor Willson thanked Mr. Blomstrom for his excellent work for the City. Mr. Blomstrom provided an overview of Improvement Project Nos. 2009 -05, 06, 07, and 08, 69 Avenue and Shingle Creek parkway Street and Utility Improvements. There was discussion on the analysis that will be completed to determine whether problems with the roadway are due to the pavement or structural, and to determine the appropriate thickness of the reconstructed roadway. There was discussion on an alternative method of evaluating subsurface structures. Mr. Blomstrom advised he recommends conducting soil borings with street reconstruction projects in order to be very specific in the data being collected and conduct tests on the material in the roadway. It was noted that the cost of oil and the relationship with bituminous material is a factor in the cost increase of the project. Mr. Blomstrom indicated the effect of oil costs is being looked at closely with the revision of the Capital Improvement Program during the 2009 budget process. There was discussion on the eastbound and westbound City -owned bridges over Shingle Creek. Mr. Blomstrom indicated inspections are conducted on the bridges on a two -year rotating cycle. Service life expectancy of the bridges is 50 plus years. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -74 Establishing Improvement Project Nos. 2009 -05, 06, 07, and 08, 69 Avenue and Shingle Creek Parkway Street and Utility Improvements. Motion passed unanimously. 11b. RESOLUTION NO. 2008 -75 APPROVING CHANGE ORDER NO. 1 IMPROVEMENT PROJECT NO. 2007 -01, 02, 03, AND 04, CONTRACT 2007 -A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET AND UTILITY IMPROVEMENTS Mr. Blomstrom provided an overview of Change Order No. 1, Improvement Project No. 2007- 01, 02, 03, and 04, Contract 2007 -A, Freeway Boulevard and Shingle Creek Parkway Street and Utility Improvements. 07/14/08 -6- Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008 -75 Approving Change Order No. 1, Improvement Project No. 2007 -01, 02, 03, and 04, Contract 2007 -A, Freeway Boulevard and Shingle Creek Parkway Street and Utility Improvements. Motion passed unanimously. llc. RESOLUTION NO. 2008-76 AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 17074 AND 17075 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS Mr. Blomstrom introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on Section B of the resolution, specifically in relation to circumstances leading to the required payoff of the levies. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -76 Amending Special Assessment Levy Roll Nos. 17074 and 17075 to Provide for the Deferment of Special Assessments. Motion passed unanimously. lld. RESOLUTION NO. 2008 -77 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -77 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. Ile. RESOLUTION NO. 2008 -78 REGARDING ENVIRONMENTAL REMEDIATION AND REDEVELOPMENT OF PLANNED UNIT DEVELOPMENT/INDUSTRIAL PARK SITE AT 4821 XERXES AVENUE NORTH, CITY OF BROOKLYN CENTER, MINNESOTA Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the following in relation to pollution on the subject site: Flow of the water runoff /pollution. Process used for cleanup of the pollution. 07/14/08 -7- Participation of the City is to be procedural in coordination with the MPCA. The proposed resolution does not authorize any financial commitment by the City. Mr. Paul Hyde, Real Estate Recycling, LLC, addressed the Council and stated the next step is to complete the testing on the site in order to determine if any residual cleanup needs to be done and what that might cost. In preliminary testing they have found some modest petroleum compounds, metals, and other compounds from the gas station that used to be on the site. Mr. Heide stated they are trying to get guidance from the MPCA on their plan to do testing and have the MPCA take the lead in informing them what needs to be done. They are requesting participation with the City because they are stuck in an administrative logjam between several regulatory agencies. The MPCA seems to be the natural choice to be in charge. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -78 Regarding Environmental Remediation and Redevelopment of Planned Unit Development/Industrial Park Site at 4821 Xerxes Avenue North, City of Brooklyn Center, Minnesota. Councilmember O'Connor voted against the same. Motion passed. 11L RESOLUTION NO. 2008 -79 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR RESIDENTIAL MONUMENT SIGNS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the following in relation to the draft policy for residential monument signs: Representatives of the Riverwood Association indicated they are not in favor of modifying the Association's original proposal to include City identification on the sign. The intent of the language included in the draft policy is that Policy Item Nos. 1 -6 are in addition to any requirements that exist in the current sign ordinance. The policy does not obligate the City to provide any funding for the cost of monument signs. Councilmember O'Connor stated her opposition to the City entering into contracts with neighborhoods or residents of the City, and with residents paying for something that will be located on public property. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -79 Amending the City Council Code of Policies; Adding Policy for Residential Monument Signs. It was noted that the proposed monument sign from the Riverwood Association is an effort to bring out positive feelings and to show pride in the neighborhood. There was discussion on the positive effects if other neighborhoods express an interest in putting up similar signs, and the need for a policy moving forward. 07/14/08 -8- Councilmember O'Connor voted against the same. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:20 p.m. Motion passed unanimously. 07/14/08 -9- 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 July 14, 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 July 28, 2008, Regular Session. X 4deca: r City Clerk Mayor i 07/14/08 -10-