HomeMy WebLinkAbout2006 08-14 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
AUGUST 14, 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 6:47 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.
Mayor Kragness opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Councilmember Niesen moved and Councilmember Carmody seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Lasman stated she invited Mary Kay Pearce, St. Alphonsus Parish Council, however
she was unable to appear. She read the invocation submitted by Ms. Pearce regarding peace.
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, Community Development Specialist Tom Bublitz, City Attorney Charlie
LeFevere, and Deputy City Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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6. COUNCIL REPORT
Councilmember O'Connor stated she attended a class called A River Runs Through It at the League
of Minnesota Cities regarding storm water. She stated testing is going to begin on storm water and
the City of Brooklyn Center will need to find solutions to water absorption rather than routing the
water into the storm water drainage system. She stated she attempted to have National Night Out at
her house, however no residents attended.
Councilmember Lasman stated she attended the North Hennepin Chamber of Commerce Planning
Retreat on July 25 where she listened to reports and reviewed the goals of the committees. She
stated on July 27 she attended the Brooklyn Center Business Association Luncheon Picnic Meeting
at Central Park where she met new businessmen and businesswomen. She stated she attended the
ribbon cutting for MaxSun Lighting and Furniture and enjoyed seeing their exhibit and merchandise.
She stated on July 29 she attended a 50 year celebration of the Assembly of God Church where
games, food and fellowship were celebrated. She stated on July 31 she attended the National Night
Out Kick Off where the attendance was good, however could have been better considering the
st, rained but
Night Out visits where it ra b
weather. She stated on August 1 she participated m National g
was still productive. She stated on August 2 , she was interviewed for a Local Politics Show. She
stated on August 10 she attended a non - denominational prayer group where people from various
groups attended.
Councilmember Carmody stated she attended the Shingle Creek and West Mississippi Watershed
meeting where the Capital Improvement Plan was discussed. She stated she also attended the River
Runs Through It seminar where a CD was distributed containing a show that was shown on PBS
called Good Water Gone Bad. She recommended this program as a source of basic information.
Councilmember Niesen stated the Northwest Athletic Club closed on Aug 7 which was a sad day
for her family. She stated she spoke to the executives of Lifetime Fitness and discussed the
transactions for the Highway 100 facility. She stated the building will be closed and sold. She
thanked the community and Caribou Coffee who supported the Northwest Athletic Club. She
thanked those who attended the National Night Out at her home. She stated the night was wet;
however her event was a success. She thanked the Police and Fire Departments along with Cheri
Spade for her effort and the food she provided. She stated she attended the Public Update for
Bottineau Boulevard which is lead by Hennepin County Representatives who discussed the changes
planned for County Road 81 ( Bottineau Boulevard). She discussed the plans for the roadway
including expansion and BRT (bus rapid transit) which has been described by officials as "light rail
n
o wheels.
Mayor Kragness stated she attended all the meetings mentioned by the other Councilmembers. She
discussed the MaxSun Lighting and Furniture property and stated the grocery store side will be open
in September, which will be appreciated by the neighboring residents. She read a letter she received
from the National Headquarters of Save a Life Foundation, asking the City Council to do a resolution
proclaiming the month of September 2006, as Save a Life Month.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
' from the consent to item 9a. a
I
Councilmember O'Connor stated she would like to remove 7c. g
rather than the end of the agenda because Mr. Ansari is present.
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Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent
agenda and agenda with the removal of Item 7c. from the Consent Agenda to Council Consideration
Item No. 9a., and amendments to the July 12, 2006, Joint Meeting with Opportunity Site Task Force,
July 24, 2006, Regular Session, and July 24, 2006, Work Session minutes as discussed at the Study
Session. The following consent items were approved as amended:
7a. APPROVAL OF MINUTES
1. July 12, 2006 — Joint Meeting with Opportunity Site Task Force
2. July 24, 2006 — Study Session
3. July 24, 2006 — Regular Session
4. July 24, 2006 — Work Session
7b. LICENSES
AMUSEMENT DEVICE MACHINE
BC Bar & Grill, Inc (Ref s Sports Bar & Grill) 2545 County Road 10
SECONDHAND GOODS DEALER
CD Warehouse 6072 Shingle Creek Parkway
SIGNHANGER
DeMars Signs 410 93 Ave NW, Coon Rapids
Universal Signs 1033 Thomas Ave, St. Paul
RENTAL
Renewal
(There were no calls for service for the following)
5315 Fremont Ave N (Single Family) David Barnhart
6823 Fremont Place (Single Family) Duane Carter
4207 Lakeside Ave N #123 (Single Family) Donna Kabanuk
5655 Northport Dr (Single Family) Cindy & Raymond Schering
Initial
(There were no calls for service for the following)
5218 66` Ave N (Single Family) James Nyanguru
6131 Emerson Ave N (Single Family) Valencia McKnight
3800 Joyce Lane (Single Family) Reem El -Radi
5331 Oliver Ave N (Single Family) Dzifa Sabah
6136 Regent Ave N (Single Family) DeMarcus Brown
7d. APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR
LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025
HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD ON OCTOBER
7, 2006
7e. RESOLUTION NO. 2006-90 APPOINTING ELECTION JUDGES
Motion passed unanimously.
8. PUBLIC HEARING
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8a. ORDINANCE NO. 2006 -03 AMENDING ORDINANCE NO. 2004 -13 REGARDING
COUNCIL SALARIES FOR 2007 -2008
Interim City Manager Curt Boganey stated this is the second reading of the proposed ordinance. He
stated the result of adopting this ordinance would be no increase in Council salary in 2007 and a 2%
increase in Council salary in 2008.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of ORDINANCE
NO. 2006-03, Amending Ordinance No. 2004 -13 Regarding Council Salaries for 2007 -2008.
Motion passed unanimously.
No public input was offered.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to amend Ordinance No.
2004 -13 Regarding Council Salaries for 2007 -2008.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS (FORMER ITEM NOS. 9a THROUGH 9h
HAVE BEEN RENUMBERED 9b THROUGH 9i)
9a. (FORMER CONSENT AGENDA ITEM NO. 7c) APPLICATION AND PERMIT FOR
A TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ENERGY CENTS
COALITION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY,
4811 DUSHARME DRIVE, ON SEPTEMBER 16, 2006
Mr. Boganey stated the Minnesota Department of Public Safety and Alcohol and Gambling
Enforcement Division has final approval, however requires action by the City Council before they
will issue the license. He stated the license application meets all City requirements.
Councilmember O'Connor asked what kind of charity Energy Cents Coalition is. Mr. Ansari
responded Energy Cents Coalition is a non profit organization who helps low income individuals
with energy costs, primarily during the winter. He stated the fee plan has not been established.
Councilmember Lasman moved and Councilmember Carmody seconded to approve Application and
Permit for a Temporary On -Sale Liquor License Submitted by Energy Cents Coalition for an Event
to be Held at Surly Brewing Company, 4811 Dusharme Drive, on September 16, 2006.
Motion passed unanimously.
9b. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER
CODE OF ORDINANCES RELATING TO THE REGULATION OF LIQUOR
Mr. Boganey discussed the proposal and stated for some time the City Staff and attorney's office has
been revising the language of Chapter 11 which results in simplification of language and eliminates
duplicate language as well as makes reference to State law. He stated the only change is a provision
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that would allow for a microbrewer, in accordance with State law, to make application for an on -sale
liquor license, allowing them to sell beer in 64 ounce growlers.
Councilmember O'Connor asked if this means that every time the State law changes, the City of
Brooklyn Center will not have to change its ordinance. City Attorney Charlie LeFevere responded
that is mostly true, however not all changes are automatic, such as the State allowing the City to
allow brewpubs.
Councilmember Lasman moved and Councilmember Carmody seconded to approve first reading of
ordinance and set second reading and Public Hearing for September 11, 2006.
Motion passed unanimously.
9c. RESOLUTION NO. 2006 -91 ADOPTING THE REVISED LOCAL WATER
MANAGEMENT PLAN FOR THE CITY OF BROOKLYN CENTER
Mr. Boganey discussed the proposal and stated the adoption of this resolution is necessitated by State
and federal laws. He explained that the Watershed Commissions are required to update their plans
after which the City is required to modify its plan to be consistent with the Watershed Commissions.
He stated this plan has been before both commissions, which have recommended approval.
Public Works Director /City Engineer Todd Blomstrom presented a PowerPoint presentation entitled
City of Brooklyn Center Local Water Management Plan that included: Existing Local Management,
Second Generation Watershed Management Plan, Revised Local Management Plan, Section 1:
Purpose of Update, Section 2: Land and Water Resource Inventory, Section 3: Goals and Policies,
Section 4: System Assessment (Quantity), Section 5: Implementation Plan, and Section 6:
Recommendations.
Councilmember O'Connor stated concern for the amount of chloride, particularly in salt used on the
roads. Mr. Blomstrom discussed efforts made by the City to reduce the amount of salt distributed,
including equipment upgrades and a salt storage building.
Councilmember O'Connor stated curbs will cause more storm water to go into the creek and river.
Mr. Blomstrom discussed the infiltration design standards that have been newly implemented for
new projects in the City. He discussed options for existing developments such as rain gardens and
underground vault structures.
Councilmember Niesen inquired about the following: definition of cut and fill, four vague
recommendations on page 62, alternative storm water devices, drainage to Twin Lake. She stressed
the importance of working with the surrounding cities in regards to watershed. She inquired about:
retrofitting of the existing system, flood areas around the Opportunity Site, development of goals,
promotion of local shoreline regulations, assessment of Palmer Lake, phosphorous content, and the
monitoring of contaminants and other nutrients in Twin Lake.
Mr. Blomstrom responded to Councilmember Niesen's inquiries and noted the drainage boundaries
on the map in regard to Twin Lakes. He discussed a meeting with the City of Crystal's Engineer
with the intent to devise solutions to joint efforts regarding watershed. He discussed the conditions of
Palmer Lake, and that the priority of the report was Twin Lake. He discussed the assessment of the
lakes by the PCA.
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Mayor Kragness inquired about the cleaning of Palmer Lake's culverts. Mr. Blomstrom stated
cleaning of the culverts will be done every two to five years.
Councilmember O'Connor inquired about the annual cost and source of funding. Mr. Blomstrom
responded the same amount is being currently spent, which comes from the Storm Water Utility
Fund.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2006 -91 Adopting the Revised Local Water Management Plan for the City of Brooklyn Center.
Councilmember O'Connor voted against the same. Motion passed.
9d. RESOLUTION NO. 2006-92 CALLING FOR A HEARING ON PROPOSED SPECIAL
ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS
Mr. Boganey discussed the proposal and stated the City has established assessment of delinquent
utility service accounts as a matter of policy to be processed semi - annually.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION
NO. 2006 -92 Calling for a Hearing on Proposed Special Assessments for Delinquent Public Utility
Service Accounts.
Councilmember O'Connor requested that it be called Delinquent Active Accounts. Mr. Blomstrom
explained that both active accounts and inactive accounts that are delinquent should be collected.
Motion passed unanimously.
9e. RESOLUTION NO. 2006 -93 RECOGNIZING AND COMMENDING THE WINNERS
OF THE 2006 CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN
CONTEST
Mayor Kragness introduced a PowerPoint presentation on the winners of the Landscape & Garden
Contest and read the details included for each rop e ttY . She mentioned those businesses that
p
contributed to the contest.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2006 -93 Recognizing and Commending the Winners of the 2006 City of Brooklyn Center
Landscape and Garden Contest.
Councilmember O'Connor stated judging gardens is not something the City should spend time and
money on.
Councilmember O'Connor voted against the same. Motion passed.
9f. RESOLUTION NO. 2006 -94 DECLARING A PUBLIC NUISANCE AND ORDERING
THE REMOVAL OF DISEASED TREES
Mr. Boganey discussed the process of determining trees that need removal, including notices that are
sent to property owners that have not been responded to.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION
NO. 2006 -94 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
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Councilmember Niesen inquired about the businesses that are listed on the resolution. Mr. Boganey
stated all property owners are treated the same. Further discussion occurred regarding the steps
leading up to a property appearing on the list.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Lasman stated it is a City ordinance and stated she is uncomfortable with
Councilmember O'Connor voting against enforcement of the ordinance. Councilmember O'Connor
stated she does not agree with the City removing trees and charging homeowners. Councilmember
Lasman continued to read the ordinance outlining the process of escalation.
9g. RESOLUTION NO. 2006 -95 ACCEPTING BID AND AUTHORIZING THE
PURCHASE OF ONE 1500 GPM FIRE APPARATUS PUMPER AND ACCEPTING A
CONTRIBUTION FROM THE BROOKLYN CENTER FIRE RELIEF
ASSOCIATION
Mr. Boganey stated on July 10, 2006, the City Council authorized the replacement of equipment. He
stated the Fire Relief Association has contributed $65,000 towards the purchase of the equipment.
Councilmember O'Connor inquired about sources of funding and stated concern that the proposal is
for $26,000 more than originally estimated. Mr. Boganey explained that sufficient funding is
available. He stated the next major piece of equipment to be purchased for the Fire Department will
be in the year 2010. He stated research was done on other bids received in the state and Staff feels
this bid is acceptable. He stated if the City chooses to postpone the purchase; the cost of the
equipment will increase due to new requirements on new equipment starting in 2007. He stated
purchasing the equipment now will save the City $20,000 to $30,000.
Councilmember O'Connor asked if the old equipment still works. Mr. Boganey responded yes.
Councilmember Carmody stated the need for the equipment is outlined in the memorandum and the
Fire Relief Association is being generous in its donation.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION
NO. 2006 -95 Accepting Bid and Authorizing the Purchase of One 1500 GPM Fire Apparatus Pumper
and Accepting a Contribution from the Brooklyn Center Fire Relief Association.
Councilmember Niesen asked if the equipment would be funded by a General Fund transfer. Mr.
Boganey stated the cost to replace the equipment is put in the department's operating budget and that
is how it is built in the replacement fund. He stated all major pieces of equipment are identified in
the fund.
Councilmember O'Connor voted against the same. Motion passed.
9h. RESOLUTION NO. 2006 -96 AMENDING THE CITY COUNCIL CODE OF
POLICIES; ADDING POLICY ON CITY COUNCIL TRAVEL EXPENSE
Mr. Boganey stated the item was discussed at a Work Session and following the July 24, 2006,
meeting, the City Council recommended a policy be brought forward.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2006 -96 Amending the City Council Code of Policies; Adding Policy on City Council Travel
Expense.
08/14/06 7
Motion passed unanimously.
9i. SET DATE AND TIME TO MEET WITH KARL NOLLENBERGER, THE PAR
GROUP, TO DISCUSS CITY MANAGER CANDIDATES
Mr. Boganey stated Mr. Nollenberger, The Par Group, requested that a meeting be held on August
28, 2006. He stated the meeting should last approximately 90 minutes.
Councilmember Lasman moved and Councilmember Carmody seconded to set August 28, 2006, at
5:00 p.m. to meet with Karl Nollenberger, The Par Group, to discuss City Manager candidates.
Motion passed unanimously.
10. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 8:38 p.m.
Mo i n passed unanimously.
City Clerk Mayor
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