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-