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HomeMy WebLinkAbout2006 07-24 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 24, 2006 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 and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Scott and Renae Provost, 7032 Willow Lane, appeared regarding the limit on the number of dogs. They explained that they have five dogs in their home and thanked the City Council for considering their concerns and apologized for not being aware of the ordinance limiting the number of dogs. They requested an exception, allowing them to keep their five dogs. They distributed pictures of their home to show proper space for the animals. She stated the dogs are indoor dogs and have bark collars. Interim City Manager Curt Boganey recommended that this matter be considered at a Work Session to discuss options for the Provost's. He explained that if the City Council wished to do something other than abide by the ordinance, an ordinance amendment would be needed. Mayor Kragness discussed the reason the number of dogs were limited. Judy Thorbus, 6265 Brooklyn Drive, discussed an incident at the CVS Pharmacy where her husband's vehicle was vandalized after he declined to give a party of minor's money. She stated the Police indicated that no charges would be filed because the vandalism was not videotaped. She requested that panhandling in the City be reviewed and stated concern with the increasing problem. Debbie Sparks, 6318 Lee Avenue, stated concern for the safety at the intersection of Lee Avenue, 64 Avenue, and Kathrene Drive. Mayor Kragness stated a traffic study would be recommended for the intersection and the matter would be referred to the Police Department. Alan Hancock, 5520 Freemont Avenue, distributed articles regarding and encouraged the use of green roofs in the City. 07/24/06 1 Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered a moment of silence as the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor asked how a steep driveway is fixed when a road is lowered. Public Works Director /City Engineer Todd Blomstrom stated the driveway apron is extended. After further discussion, Interim City Manager Curt Boganey stated he would handle the concern. She continued by thanking Mr. Boganey and the Public Works Department for trimming the bushes at the intersection of 57`" Dupont Avenues that were blocking stop signs. She thanked the Public Works Department, Police Department, and Fire Department for monitoring the Earle Brown Days Parade and cleaning up after the parade in a timely manner. Councilmember Lasman stated she attended the Joint Meeting with the Opportunity Site Task Force on July 12, 2006, which was productive and informative. She stated she attended the Crime Prevention meeting on July 19, 2006. She announced that the National Night Out Kick Off is July 31, 2006, from 6:00 p.m. to 8:00 p.m. She stated dispatch has been moved to the County and is functioning well. She explained that the front desk at the Police Department is staffed 24 hours per day, seven days a week. Councilmember Carmody stated she attended several meetings. She discussed a show on PBS called: Good Water Gone Bad which discusses municipal water issues. She stated she also attended the Association of Rental Management meeting where she learned that single family homes will be required to have carbon monoxide detectors starting in 2008. 07/24/06 2 i Councilmember Niesen stated she will be bringing some items to the City Council regarding State issues as she will be meeting with legislators. She welcomed other City Council members to give her topics of concern to discuss with the legislators. She discussed National Night Out and stated it is great way for the neighborhoods to come together. Mayor Kragness stated she presented City Council Resolutions to the dispatchers and expressed appreciation for their contribution on July 11, 2006. She stated she attended a fundraiser performance of the Music Man which was an excellent production. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda with amendments to the July 10, 2006, Study Session, July 10, 2006, Regular Session, and July 10, 2006, Work Session as submitted by Councilmember O'Connor. Councilmember Niesen abstained from voting on the July 10, 2006, Study Session, July 10, 2006, Regular Session, and July 10, 2006, Work Session minutes, as she was not present at the meetings. The following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. July 10, 2006 — Study Session 2. July 10, 2006 — Regular Session 3. July 10, 2006 — Work Session 7b. LICENSES MECHANICAL Sabre Heating & A/C 3062 Ranchview Lane, Plymouth RENTAL Renewal Earle Brown Farm Apts (4 Bldgs, 120 Units) Earle Brown Farm Apts 3 Dist Peace 4408 69 Ave N (1 Bldg, 4 Units) Eugene & Diane Wright NONE 6706 Bryant Ave N (Single Family) Somphong Thammavangsa NONE 6406 Indiana Ave N (Single Family) William Coleman NONE 6920 Lee Ave N (Single Family) Ronald Stenscie NONE Unity Place Townhomes (100 Units) CHDC LTD Partnership 1 Assault, 12 Dist Peace, 1 Burglary, 1 Weapons, 1 Crimes against Family, 1 Fire, 2 Auto Theft, and 1 Alarm. 07/24/06 3 Initial (There were no calls for service for the following) 4013 61" Ave N (Single Family) Toua Vang 341362 d Ave N (Single Family) Lee Mixson 41967 th Ave N (Single Family) John Stalock 6418 Kyle Ave N (Single Family) Edward Roe 7c. RESOLUTION NO. 2006 -84 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07 AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 8. PRESENTATION —Joe Bischoff, Wenck Associates, Inc. — Shingle Creek Water Quality Plan, Lake TMDLs and NPDES Phase II Joe Bischoff, Wenck Associates, Inc., presented a PowerPoint presentation that discussed the following information: Total Maximum Daily Load (TMDL), Shingle Creek Water Quality Plan, NPDES Phase II Storm Water Permits, Turbid and Clearwater States- Competing Equilibria in Shallow Lakes, Trophic Cascades- Clear -water stated and Turbid -water state, Lake Response to Restoration, Shallow Lake Switches, More Development (impervious surface) = More Runoff, Invasive Species, Aquatic Communities - Plankton & Fisheries, Changing View of Lake Management, MPCA Standards, Lake Characteristics, Twin Lakes — 2002 Combined Methods - Biomass, Predicted TP Annual Load Reductions, Rough Fish Removal, Aquatic Plant Management and Harvesting, Engineering Controls —Water Quality Ponds, Adaptive Management, Implementation Framework, Capital Improvement Program, CIP Process, and Conclusions. Councilmember Carmody asked how Brooklyn Center will determine the situation regarding TMDLs in the various lakes. Mr. Bischoff responded the State is analyzing biologic factor to determine needs of Minnesota lakes. Councilmember O'Connor asked if fixing the Brooklyn Park dam on Shingle Creek caused excess nutrients to flow downstream. Mr. Bischoff responded it would be temporary. The City Council discussed various aspects of the Shingle Creek Water Quality Plan, Lake TMDLs and NPDES. Councilmember Carmody discussed the importance of combining efforts with surrounding cities. Councilmember Niesen asked questions that included: effects of formerly sprayed copper sulfate (since discontinued), shoreline regulations, priority ranking of projects based on whether a City had included a project in their CIP, potential impacts to Twin Lake of airport land development 07/24/06 4 including effects the wetland noted to be discharging excess phosphorus, possibility and outcomes of dredging, and screening of large stormwater discharge pipe on east side of Upper Twin. Councilmember Niesen asked Mayor Kragness if the City of Crystal had been asked to participate in funding of water quality improvements in Upper Twin Lake over the years. Responding to Mayor Kragness' answer, Councilmember Niesen reminded the City Council that the City of Crystal had recently asked for their support to fund further studies of developing the Crystal Airport land but by refusing to fund water quality improvements to date did not want to take responsible for possible negative Lake impacts. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION ADOPTING THE REVISED LOCAL WATER MANAGEMENT PLAN FOR THE CITY OF BROOKLYN CENTER Councilmember Lasman moved and Councilmember Carmody seconded to table resolution adopting Revised Local Water Management Plan. Motion passed unanimously. 9b. RESOLUTION NO. 2006 -85 AUTHORIZING THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO EXCEED THE ADMINISTRATIVE BUDGET LEVY CAP Interim City Manager Curt Boganey explained that by authorizing the West Mississippi Watershed Management Commission to exceed the administrative budget levy cap, the City's contribution would increase by $432.00. Councilmember Carmody stated although the items supported in the resolution are good, she feels that costs could have been reduced to eliminate the need to exceed the budget levy cap, therefore she will be voting against approval. Councilmember Lasman moved and Councilmember Carmody seconded adoption of Resolution No. 2006 -85 Authorizing the West Mississippi Watershed Management Commission to Exceed the Administrative Budget Levy Cap. Councilmember Lasman stated that along with approval, parameters should be set indicating that next year the Commission must adhere to the cap they have considered instead of setting a cap and going above that cap. She stated the increase is not substantial enough to deny, however she would like the Commission to be proactive next year when they allocate funds. She stated they should be aware that the City Council will expect them to be accurate in regards to the budget and actual money spent. Councilmember Carmody and Councilmember O'Connor voted against the same. Motion passed. 07/24/06 5 9c. RESOLUTION NO. 2006 -86 AUTHORIZING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO EXCEED THE ADMINISTRATIVE BUDGET LEVY CAP Mr. Boganey explained that by authorizing the Shingle Creek Watershed Management Commission to exceed the administrative budget levy cap, the City's contribution would increase by $1,632.00. Councilmember O'Connor inquired about wetland monitoring and the sites to be monitored. City Attorney Charlie LeFevere explained that some of the watershed programs include volunteer programs where citizens can volunteer to monitor the lakes in Brooklyn Center. He stated the cost of the program is to fund the Hennepin County employee who trains the volunteers. Councilmember Lasman moved and Councilmember Niesen seconded adoption of Resolution No. 2006 -86 Authorizing the Shingle Creek Watershed Management Commission to Exceed the Administrative Budget Levy Cap. Councilmember Carmody and Councilmember O'Connor voted against the same. Motion passed. 9d. RESOLUTION NO. 2006 -87 APPROVING CENTERBROOK GOLF COURSE FINANCING PLAN Mr. Boganey stated the item was discussed at a couple Work Sessions and a joint meeting with the Financial Commission where a plan was put together and reviewed by the Financial Commission and Park and Recreation Commission, both recommending adoption. He explained that the purpose of the plan, if adopted, would be to prioritize the use of golf course revenues so that the necessary funds would be available for ongoing operations, contingencies and capital replacements. He explained that after those necessary expenditures are made, any balance over and above the requirements would be used to pay off the outstanding loan obligation to the City. 25 , 000 He stated the loan payoff rate will be reduced from $50 000 per year to approximately $ p Y � p Y Pp Y per year. Councilmember O'Connor stated concern that the tax payers are paying twice for the golf course, once for the stormwater and once for the golf course improvements. She stated disagreement with continuing to reduce the loan payment and increasing funding to the golf course. Mayor Kragness responded the golf course is important to the community and the City Council needs to support it. Councilmember Carmody responded if the City discontinued the use of the golf course, the loan would never be repaid. Councilmember Niesen stated the golf course has gotten along this far without a capital improvement plan. She stated if funding is going to be given because of lack of income in 1998; the financial statements for that year should be restated to the Office of the State Auditor. In response to Councilmember Carmody's comment that no operational audit was necessary because staff is capable of 07/24/06 6 I __ all the financial work, Councilmember Niesen reminded the City Council that an audit finding was received on the Golf Course last year and this year, the Finance staff had seen large turnover in recent years, and that the current Finance Director's immediate position prior to Brooklyn Center was as a City Manager. Councilmember Lasman stated the City Council instructed Staff to create a Capital Improvement Plan for the golf course. Councilmember Carmody stated the finance staff is qualified to address these issues and auditors are not needed. Mayor Kragness stated Capital Improvement Plans have been established for many aspects of the City and is now getting to the golf course. She stated the comments regarding qualifications of the financial staff were inappropriate. Councilmember Lasman discussed the Finance Director's qualifications and stated he has been involved with organizations at the League of Minnesota Cities because of his qualifications. Councilmember Lasman moved and Councilmember Carmody seconded adoption of Resolution No. 2006 -87 Approving Centerbrook Golf Course Financing Plan. Councilmember Niesen and Councilmember O'Connor voted against the same. Motion passed. 9e. RESOLUTION NO. 2006 -88 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey stated the tree inspector has identified several diseased trees in Brooklyn Center and removal of those trees is needed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution No. 2006 -88 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. When asked if the State of Minnesota requires the removal of diseased tress, Mr. LeFevere stated it is clear that the State required cities to remove diseased trees at one time, however the statutes dealing with the issue provide conflicting information. He stated he is still researching the issue. Councilmember O'Connor voted against the same. Motion passed. 9f. RESOLUTION NO. 2006 -89 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2006 -11, CONTRACT 2006 -E, CENTRAL /SALT STORAGE FACILITY Mr. Boganey stated bids were received on July 20, 2006, Gray Stone Construction being the lowest bidder. He recommended adopting the resolution including the base bid and the alternate bid that provides the two additional feet of height on the building. Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution No. 2006 -89 Accepting Bid and Awarding a Contract, Improvement Project No. 2006 -11, Contract 2006 -E, Central /Salt Storage Facility. 07/24/06 7 Councilmember O'Connor stated $381,000 is too much money for salt storage. Councilmember O'Connor voted against the same. Motion passed. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:55 p.m. Moti assed unanim ;sly. City Clerk / Mayor 07/24/06 8