Loading...
HomeMy WebLinkAbout2006 09-11 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 SEPTEMBER 11, 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, Lasman Diane Niesen Y g Y� Y > 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 Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded to reopen the Informal Open Forum at 6:48 p.m. Motion passed unanimously. Tim Roche thanked the City Council and the City Manager for planning decisions that have been made, such as the Northbrook site. He stated he saw the idea for an additional opportunity site of Brookdale Square and suggested that a dialogue with the new owners of the property be encouraged to compare goals for the property. Interim City Manager Curt Boganey stated the City is aware of the sale and has had very preliminary discussions with the broker and in the future, the City will have additional discussions on the property. Mr. Roche stated the new City Manager is going to have a big responsibility in regard to redevelopment and stated the Planning Commission supports the City Council as a body, and he is confident that sound business decisions will be made. He complimented the City for a job well done. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:54 p.m. 09/11/06 1 Motion passed unanimously. RECESSED TO THE HOUSING AND REDEVELOPMENT AUTHORITY Councilmember Carmody moved and Councilmember Lasman seconded to recess the City Council meeting at 6:55 p.m. in order to open the Housing and Redevelopment Authority Meeting at 7:00 p.m. Motion passed unanimously. Mayor Kragness reconvened the City Council meeting of the City of Brooklyn Center at 7:08 p.m. 2. INVOCATION Mayor Kragness requested individual prayers for the people lost and the survivors of the September 11, 2001, terrorist attacks. 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 7:10 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 Lasman reminded the public to vote during the primary election tomorrow, Tuesday, September 12, 2006. She stated to call City Hall if assistance is needed in finding the appropriate polling place. She stated everyone should be aware of their privilege to vote. Councilmember O'Connor stated she had nothing to report. Councilmember Niesen thanked the host/hostesses of St. Alphonsus Church who hosted some community discussions on democracy in the community. Councilmember Carmody announced that Eileen Oslund, a long time member of the Charter Commission has suffered two heart attacks and has been transferred to a nursing home and stated she hopes she has a fast recovery. 09/11/06 2 Mayor Kragness stated the ISAIAH meeting was very informative and stated the majority of the Council was there along with State Representatives, City Council/Mayoral candidates, and members of the School Board. She discussed the Brooklyn Center High School band that received a Grammy Award and was brought to Washington D.C. to be honored. She read the information regarding the Brooklyn Center Jr. and Sr. High School Bands and the award they received for their music program. She stated they make the City of Brooklyn Center very proud and stated the music teacher is great with the kids. She also stated that in the Business Section of the Star Tribune, Brooklyn Center's development of the Opportunity Site was recognized as a Hot Property. She stated there are two new businesses in the City, Express Wear and CI Buffet. She commented on how wonderful the food is at the C 1 Buffet. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda as amended with the removal of Item No. 7c. from the Consent Agenda to Council Consideration Item No. 10f. and amendments to the August 28, 2006, Study Session minutes as discussed at the Study Session. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. August 28, 2006 — Special Session 2. August 28, 2006 — Study Session 3. August 28, 2006 — Regular Session 4. August 28, 2006 — Work Session 7b. LICENSES TOBACCO RELATED PRODUCT Sun Foods, Inc. 6750 Brooklyn Blvd SIGNHANGER Express Signs & Balloon's, Inc. 19320 Yucon Str NW, Cedar MECHANICAL Kramer Heating, Inc. 7441 Dallas Court, Maple Grove G -HVAC 16036 Mallard Way SE, Prior Lake Hendricks Mechanical, LLC 16730 County Road 6, Plymouth RENTAL Renewal (There were no calls for service for the following) 3715 69 Ave N (Two Family, 1 Unit) Gary Olson 5337 70 Circle (Single Family) Gary Bistodeau 5501 Brooklyn Blvd (Single Family) Mainsl Properties 6765 Humboldt Ave N (Single Family) Suburban Properties 09/11/06 3 Initial (There were no calls for service for the following) 5219 Ewing Ave N (Single Family) Daniel Brewer 4216 Lakebreeze Ave (1 Bldg, 4 Units) Ita Ekah Motion passed unanimously. 8. PRESENTATIONS Susan Blood, Executive Director, Northwest Hennepin Human Services Council presented the following information: NWHHSC Contributions to the City of Brooklyn Center, Community Profile 2006, Fall Job Fair, Car Care Saturday, Peace Walk and Candlelight Vigil, Agency Mission and Beliefs, 2006 Senior Spring Forum, Kids Count Coffee, Guild to Human Services, and other various program information. Councilmember O'Connor inquired about the organization's charitable acts. Ms. Blood explained that Northwest Hennepin Human Services Council does not do direct service as to not compete with the other service providers. Councilmember O'Connor stated she thinks the organization is a duplication organization and taxpayers do not need to pay for the Northwest Hennepin Human Services Council. Ms. Blood responded that funding is routed to areas of need. Mayor Kragness stated appreciation of the organization and stated that if the City had to pay for the services they provide, it would be costly. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE REGULATION OF LIQUOR —THIS ITEM WAS FIRST READ ON AUGUST 14, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON AUGUST 24, 2006; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING Interim City Manager Curt Boganey explained that this is the second reading for the ordinance amendment. He stated the majority purpose is to eliminate duplicate information and that information that is included in the State Statute. He stated there is a proposed microbrewery application to sell growlers. He stated if adopted, the ordinance would take effect on October 21, 2006. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to the Regulation of Liquor. Motion passed unanimously. No public input was offered. 09/11/06 4 Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. I Councilmember Lasman moved and Councilmember Carmody seconded to adopt ORDINANCE NO. 2006 -04 Amending Chapter 11 of the City Code of Ordinances Relating to the Regulation of Liquor. Councilmember O'Connor asked if the ordinance amendment would allow the liquor stores to be open on different days than currently. Mr. Boganey responded no and explained that this ordinance reaffirms the actions of the City Council regarding the change in hours for the liquor stores. Councilmember Niesen asked if the City is adopting the ordinance amendment for the purpose of staying consistent with the State and asked why the City veered from being consistent with the State to begin with. Mayor Kragness stated the State changed their laws and the City did not. City Attorney Charlie LeFevere explained that the City adopted an ordinance based on the League of Minnesota Cities model which has since been updated. Motion passed unanimously. 9b. RESOLUTION NO. 2006 -99 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey announced the public hearing and explained that the City Council certifies the delinquent utility accounts to property taxes. He stated the list distributed is the list to be certified. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on a Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. Cassandra Floyd, 5546 Emerson Ave explained that she rents the property in question in which her mother owns, who is not paying the utilities or taxes. It was the majority consensus of the City Council to remove the property from the list of accounts to be certified and directed Ms. Floyd to discuss the matter with Public Works Director /City Engineer Todd Blomstrom. Paul Miantona and Mercy Kilikpl, 3713 53 Place N, explained that the bill was incurred by the previous owner and feel they should not be held responsible for the charges. 09/11/06 5 It was the majority consensus of the City Council to remove the property from the list of accounts to be certified to attempt to collect the delinquent amount from the previous owner and directed Mr. Miantona to discuss the matter with Public Works Director /City Engineer Todd Blomstrom. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember O'Connor seconded to adopt RESOLUTION NO. 2006 -99 Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls with the removal of 5546 Emerson Ave and 3717 53` Place N from the list of accounts to be certified pending further investigation. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING OCTOBER AS FIVE CITIES SENIOR TRANSPORTATION 20 ANNIVERSARY MONTH Mayor Kragness read the Proclamation aloud. Councilmember Lasman moved and Councilmember Carmody seconded to adopt the Proclamation Declaring October as Five Cities Senior Transportation 20 Anniversary Month. Councilmember O'Connor voted against the same. Motion passed. 10b. RESOLUTION NO. 2006 -100 RELATING TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT Mr. Boganey explained that the proposed Resolution will amend the Joint and Cooperative Agreement. He stated it is important to bring into conformance the bylaws and activities of the organization along with the language. He stated he does not believe any of the changes represent a change in the relationship between the member organization and the Northwest Hennepin Human Services Council, however by making the change; both documents will be consistent with State law. Councilmember Niesen moved and Councilmember Carmody econded adoption of Y p RESOLUTION NO. 2006 -100 Relating to Northwest Hennepin Human Services Council; Authorizing the Execution and Delivery of an Amended Joint and Cooperative Agreement. Councilmember O'Connor voted against the same. Motion passed. 09/11/06 6 10c. RESOLUTION NO. 2006 -101 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey stated it is the recommendation of City staff that the City Council approve the I Declaration of Public Nuisance so that the diseased trees can be removed. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -101 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Mayor Kragness stated the number of trees needing removal are reducing as time goes on, which is good. Councilmember O'Connor voted against the same. Motion passed. 10d. RESOLUTION NO. 2006 -102 AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE SAFE & SOBER COMMUNITIES GRANT Mr. Boganey stated this authorizes execution of an agreement for a $42,000 grant, which is shared with Brooklyn Park. He stated these funds are used to cover Police Officer overtime needed to enforce the laws associated with alcohol consumption. Councilmember O'Connor pointed out that the Resolution is for the enforcement of seat belt safety. Mr. Boganey stated he stood corrected. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -102 Authorizing the Execution of Agreement for the Safe & Sober Communities Grant. Councilmember O'Connor voted against the same. Motion passed. 10e. 2007 PRELIMINARY BUDGET AND TAX LEVY REPORT 1. RESOLUTION NO. 2006 -103 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2007 Mr. Boganey explained that the State requires the City Council to take action to adopt the preliminary General Fund Budget and to adopt the levy for property taxes payable in 2007. He stated the City is not required to hold the Truth In Taxation Hearing because the amount of levy increase is below the threshold. He stated it is anticipated that the budget adoption and final hearing is on December 11, 2006, at 7:00 p.m. He stated this is a preliminary budget and levy, not the final budget or levy. He stated the levy amount can not be increased, only be decreased by the City Council. He stated the overall levy increase is $331,328 or a 2.85% increase over last year. He stated the City will receive $1,229,388 in Local Government Aid due to recent 09/11/06 7 changes in the formula used by the State. He discussed the distribution of the Local Government Aid money. Councilmember Lasman inquired about the online registration of Park and Recreation services. I Mr. Boganey responded by explaining that funding may be available for such an upgrade in the Technology Fund due to the extra LGA money. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -103 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2007. Councilmember O'Connor asked why the Police Department's Administration budget must increase. Mr. Jordet explained the transfer of duties and positions within the Police Department's Administration Department. He further explained that the Police Chief requested extra funding for adjustment to the positions and their duties, so that money is available to make wage adjustments once duties are redistributed. Councilmember O'Connor inquired about the consultant that was hired as an employee. Mr. Jordet explained that there are three employees in Administration in 2006 and in 2007. He stated the Lieutenant moved to Investigations. He stated the contract employee was hired as a permanent employee. He stated the contract costs were not reduced in the budget because they were not budgeted in previous years. He stated the costs will move from department costs to employee costs, which is only a change in classification. Councilmember Niesen stated concern that the savings amount is not what was originally proposed. The City Council and Staff discussed the funding needed and changes to the dynamics of the Police Department Councilmember Niesen discussed that Brooklyn Center's property taxes are too high and stated concern for the affordability for citizens. Councilmember O'Connor moved and Councilmember Niesen seconded to amend the previous motion, changing the increase in wages to 2 %. Mayor Kragness, Councilmember Carmody, and Councilmember Lasman voted against the same. Motion failed. Councilmember O'Connor and Councilmember Niesen voted against the original motion. Motion passed. 2. RESOLUTION NO. 2006 -104 ADOPTING A PRELIMINARY BUDGET FOR THE 2007 FISCAL YEAR Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -104 Adopting a Preliminary Budget for the 2007 Fiscal Year. Councilmember O'Connor voted against the same. Motion passed. 09/11/06 8 3. RESOLUTION NO. 2006 -105 SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS FOR FISCAL YEAR 2007 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -105 Setting the Dates for Truth in Taxation Public Hearings for Fiscal Year 2007. Motion passed unanimously. 10L (FORMERLY CONSENT AGENDA ITEM No. 7c.) SET DATE AND TIME OF SPECIAL SESSION TO INTERVIEW CANDIDATES FOR THE POSITION OF CITY MANAGER FOR SATURDAY, SEPTEMBER 16, 2006, AT 8:00 A.M. AT THE MORGAN ROOM AT EARLE BROWN HERITAGE CENTER, 6155 EARLE BROWN DRIVE Councilmember Lasman moved and Councilmember Carmody seconded to Set Date and Time of Special Session to Interview Candidates for the Position of City Manager for Saturday, September 16, 2006, at 8:00 a.m. at the Morgan Room at the Earle Brown Heritage Center, 6155 Earle Brown Drive. Motion passed unanimously. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:43 p.m. Motion AA /I M passed (unanimously. E4Z V k *Mmtof �c hj� A City Clerk Mayor 09/11/06 9