HomeMy WebLinkAbout2008 08-25 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
AUGUST 25, 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, Director of Fiscal Support Services Dan
Jordet, Acting Public Works Director /City Engineer David Peterson, Community Development
Director Gary Eitel, Plannin g g P and Zoning Specialist Ron Warren, Fire Chief Lee Gatlin, Police
Commander Tim Gannon, Assistant to the City Manager Vickie Schleuning, and Carol Hamer,
Timesaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Mr. Dean Dunn, 5807 Knox Ave N, appeared before the Council and stated his concern regarding
the condition of the street he lives on, and that his street is not included in the City's plans. He stated
he has lived at his current address for 16 years and has seen the City rebuild the streets all around
him; some of them twice, and that everyone else has curb and sidewalks. He stated he and his wife
have been on the phone for ten years trying to find out if anything will be done to their roads; they
have only been patched. He pays his taxes, and he does not care that he would be assessed. They
were told there is a five year plan, and after the five years were up were told there is no such plan;
they were then told their road is not in the plan for 20 years. He stated this is not acceptable. He lives
on a little forgotten corner; from Dupont to his house the roads have not been done in 16 years. They
even put together a petition and it did not go anywhere.
Ms. Diane Sannes, 7006 Willow Lane N, appeared before the Council and stated residents and
employees have asked her to bring forward a concern about high weeds and lack of trimming to
make City Hall attractive. She asked the following questions: 1) Are funds allocated to improve this
condition? 2) Can funds be set aside soon to update and improve the current conditions? 3) Should
citizens use E- Citizen to report the tall weeds at this location? 4) Can citizens help to improve the
current situation at City Hall?
Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open
Forum at 6:52 p.m.
Motion passed unanimously.
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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
7:01 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, Director of Fiscal Support Services Dan
Jordet, Acting Public Works Director /City Engineer David Peterson, Community Development
Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Fire Chief Lee Gatlin, Police
Officer Tim Gannon, Assistant to the City Manager Vickie Schleuning, and Carol Hamer,
TimeSaver Off Site Secretarial, Inc.
Others present were City Prosecutor Bill Clelland.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan reported on attending the Evergreen Park neighborhood gathering on August
19 The event was attended by neighbors, police officers, fire fighters and city employees. Much of
the focus was on public safety and crime prevention. The next neighborhood area meeting will be
held August 26 at Northport Park.
Councilmember Lasman encouraged drivers to watch for children and stop for flashing school bus
lights with school starting next week. She encouraged residents to get out to the polls and vote at the
primary election on September 9 She reported on her attendance at the following events:
Civic Service Day event at Unity Temple Church on August 17 Civic leaders were invited
to meet the congregation and the pastor spoke about the importance of civic involvement.
Evergreen Park community rthering on August 19 The next gatherings will be held at
Northport Park on August 26 and Willow Lane Park.
Northwest Hennepin Human Services Council and Northwest Faith Collaborative "Working
with Rental Managers" event on August 21 Information was provided to youth, seniors,
and new Americans on how to improve service and duality of life in apartment communities.
Riverwood Stone Marker Dedication on August 23` This was the City's first project of this
nature; other neighborhoods are welcome to look at doing this as a way of showing civic
pride in their neighborhoods.
Councilmember Yelich reported on attending the following events:
Civic Day at Unity Temple Church on August 17 He complemented the pastor and his
congregation for taking the initiative to reach out and connect the faith community with the
civic community.
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Joint City Council and Financial Commission Meeting on August 18 to discuss the
preliminary tax levy limits. He appreciates the input that the Financial Commission members
give to the City Council on these important topics.
Evergreen Park neighborhood gathering on August 19
Councilmember O'Connor stated the Housing Commission and Earle Brown Days Committee are
not meeting at this time, and she has nothing to report.
Mayor Willson reported on attending the following events:
Safety Academy on August 13 He expressed appreciation to the officers that assisted in the
event.
Joint City Council and Financial Commission Worksession on August 18
Dangerous Dog Hearings on August 19
Evergreen Park neighborhood meeting on August 19
Riverwood Monument Sign Dedication event on August 23
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Yelich moved and Councilmember O'Connor seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. August 11, 2008 Study Session
2. August 11, 2008 Regular Session
7b. LICENSES
MECHANICAL
Gorilla Heating and Air 7416 Aspen Cove South, Cottage Grove
K K Mechanical 8752 Palmgreen Avenue NE, Elk River
RENTAL
INITIAL
5500 Bryant Ave N Brad Notenberg
5013 61 st Ave N Jon Pa pp one
5118 France Ave N James Tobias
6813 Humboldt Ave N, B 10 1 Robert Perri
6813 Humboldt Ave N, B203 William Elsa Lind
6813 Humboldt Ave N, B204 William Elsa Lind
5425 Irving Ave N Nathan Pollock
6921 Logan Ave N David Craig
7024 Newton Ave N Tony Pfingsten
RENEWAL
1425 55 Ave N Trunk Duong
2100 69 Ave N Barbara Sandstrom
1807 70' Ave N Rececca Thomley
6512 Chowen Ave N David Moulder
5740 Dupont Ave N Dion Properties Inc.
5505 Lyndale Ave N Dragon Property Mgmt.
5655 Northport Dr Cindy Raymond Scherbing
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SIGN HANGER
Scenic Sign Corporation 828 South 5 th Street, Sauk Rapids
Taurus Sign 17900 280 Street, Schafer
Motion passed unanimously.
8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS
8a. RESOLUTION NO. 2008 -91 RECOGNIZING AND COMMENDING WINNERS OF
THE 2008 CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN
CONTEST
Mr. Boganey introduced Diane Sannes, who has been working with staff on the 2008 City of
Brooklyn Center Landscape and Garden Contest.
Ms. Diane Sannes provided background information on the City of Brooklyn Center Landscape and
Garden Contest. She presented pictures and announced the following contest winners:
Back Yard Fantasy Retreat Garden Randy and Linda Davis, 6919 Toledo Avenue North
Back Yard Cottage Garden Juliana Fick, 5336 Dupont Avenue North
Great Corner Appeal Garden John and Heidi Winters, 2107 71 Avenue North
Welcome Home Garden Erwin Susie Heisler, with son Jason and grandson Kobe, 5556
Knox Avenue North
Small Streetscape Garden Jackie Lindquist with her dog Charlie, 6940 Willow Lane
Special Recognition for Must See Drive By Garden David Rochelle Ralph 7100 Dallas
Road
Ms. Sannes thanked the business establishments that contributed to the contest.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008 -91 Recognizing and Commending Winners of the 2008 City of Brooklyn Center
Landscape and Garden Contest.
Motion passed unanimously.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2008 -07 AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN
LAND (WESTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 68
AVENUE NORTH)
Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr. Warren
provided an overview of the proposed ordinance.
Councilmember O'Connor moved and Councilmember Yelich seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
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i
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO.
2008 -07 Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of
Certain Land (Westerly of Brooklyn Boulevard between I -94 and 68 Avenue North).
Councilmember O'Connor asked if Atlantis Pool is satisfied with the way things are going. Mr.
Warren responded in the affirmative.
Mayor Willson stated his appreciation of The Luther Company LLP investing in the City and
bringing this project forward.
Motion passed unanimously.
9b. ORDINANCE NO. 2008 -08 AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN
LAND (4011 AND 4101 69 AVENUE)
Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr. Warren
provided an overview of the proposed ordinance.
Councilmember Ryan moved and Councilmember Lasman 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 -08 Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of
Certain Land (4011 and 4101 69 Avenue).
There was discussion on the location of the water tower, the reduction of residentially zoned
property in this area, and the previous approval for a townhouse complex near the tower. Mr. Warren
explained that there was a previous approval of a site and building plan for an 8 -unit townhouse
complex to be located on the lot to the west of the water tower. He stated the owner /developer chose
not to move forward and he believes the property has been acquired since that time.
Motion passed unanimously.
10. PLANNING COMMISSION ITEMS
-None.
11. COUNCIL CONSIDERATION ITEMS
11a. MAYOR APPOINTMENT —HOUSING COMMISSION
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Mayor Willson announced Gretchin Knutson as his nomination to the Housing Commission for a
term expiring December 31 2009.
p g
Councilmember Lasman moved and Councilmember Yelich seconded to ratify the Mayoral
nomination of Gretchen Knutson to the Housing Commission with term expiring December 31,
2009.
Motion passed unanimously.
llb. RESOLUTION NO. 2008 -92 AUTHORIZING NOTICE OF INTENT FOR
FRANCHISE FEE INCREASES AND CALLING FOR A PUBLIC HEARING
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Mayor Willson announced that the public hearing on the proposed franchise fee increases will be
held on October 13, 2008 at 7:00 p.m. in the Council Chambers at City Hall.
Councilmember O'Connor stated her opposition to franchise fees going through businesses. She
stated her position that fees should be charged directly through property taxes and that the cost of
street reconstruction could be reduced by methods such as reducing the amount of curbs included in
projects.
It was noted that with the use of franchise fees the burden is shared by all taxpayers, including tax
exempt properties and businesses.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008 -92 Authorizing Notice of Intent for Franchise Fee Increases and Calling for a Public
Hearing.
It was noted that the franchise fees are very small and a way of accumulating significant cash value
over time and spreading it out over all fee payers in the City. The fees are a good way to support the
Capital Improvement Program at a nominal additional cost to the residents.
Councilmember O'Connor voted against the same. Motion passed.
llc. RESOLUTION NO. 2008 -93 APPROVING CHANGE ORDER NO. 1,
IIMPROVEMENT PROJECT NOS. 2008 -05, 06, 07, AND 08, CONTRACT 2008 -B,
XERXES AVENUE/NORTHWAY DRIVE STREET AND UTILITY
IMPROVEMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on whether Tax Increment Financing (TIF) funds will be used for the subject
change order. Mr. Boganey indicated this information can be provided for Council.
Councilmember O'Connor stated her opposition to spending TIF funds on this project which
involves aesthetics.
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Staff was directed to inform Council regarding any TIF funds that are used on this project. Staff was
commended for moving forward on this project to rejuvenate and beautify the City.
Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2008 -93 Approving Change Order No. 1, Improvement Project Nos. 2008 -05, 06, 07, and 08,
Contract 2008 -13, Xerxes Avenue/Northway Drive Street and Utility Improvements.
It was noted that the strategy with TIF funds is to spur development and increase the tax base,
therefore, holding the line on property taxes.
Councilmember O'Connor voted against the same. Motion passed.
lld. RESOLUTION NO. 2008 -94 APPROVING CELLULAR SITE LEASE AGREEMENT
WITH T- MOBILE CENTRAL LLC
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Mr. Peterson provided an overview of the proposed lease agreement.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008 -94 Approving Cellular Site Lease Agreement with T- Mobile Central LLC.
It was noted that the six towers in the City provide a revenue stream of approximately $150,000
annually.
Motion passed unanimously.
lle. AMEND 2008 CITY COUNCIL MEETING SCHEDULE
Mr. Boganey provided information on the proposed amendment to the 2008 City Council schedule
to set the date and time of work session with the Financial Commission for Monday, September 15,
2008 at 6:30 p.m.
Councilmember O'Connor stated she will not be able to attend the proposed meeting.
Councilmember Lasman moved and Councilmember Ryan seconded to approve the amendment to
the 2008 City Council Meeting schedule to set date and time of Work Session with Financial
Commission for Monday, September 15, 2008, at 6:30 p.m. to be held in City Hall
Council /Commission Conference Room.
Councilmember O'Connor abstained. Motion passed.
llf. HEARING FOR DONALD AND KAREN NIEKEN REGARDING RENTAL
PROPERTY LOCATED AT 4204 LAKEBREEZE AVENUE NORTH
City Prosecutor Bill Clelland reported that Mr. Nieken has paid the delinquent utilities in full on the
subject property. In light of the payment, it is requested that the City Council strike this item from
the agenda.
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Councilmember Lasman moved and Councilmember Ryan seconded to strike Hearin g for Donald
and Karen Nieken Regarding Rental Property Located at 4204 Lakebreeze Avenue North from the
agenda.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 7:54 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
August 25, 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 September 8, 2008, Regular
Session.
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City Clerk Mayor
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