Loading...
HomeMy WebLinkAbout2006 10-09 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 OCTOBER 9, 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 City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Rex Newman, Northwest Suburbs Cable Communications Commission, addressed the memorandum sent to City Manager Curt Boganey from Gregory Moore regarding the legislation proposed to either reduce or eliminate the requirement that cable operators franchised by a City or a joint powers entity must serve all areas of a community. He explained the purpose of the Resolution urging the League of Minnesota Cities to reconsider its support of proposed Minnesota legislation that would remove the build out provisions in Chapter 238, related to cable service of Minnesota State law. He stated the desire to continue the policy that has been in place for 25 years. He stated the importance of keeping control at the local government level. Councilmember Carmody stated that she is a member of the policy making body that proposed this change. She stated there are about 30 different policies made and she is not familiar with the specifics of this one, however she stated that she would be willing to get more information from the League staff that would clarify the policy. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:50 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. 10/09/06 1 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were 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 stated she had nothing to report. Councilmember Lasman stated on September 29 she attended the North Hennepin Chamber of Commerce Board Meeting where a new resource guide was introduced and where a discussion on print branding for newsletters was held. She stated on October 3 she attended a candidate forum which was an opportunity to express concerns and get positions of candidates on issues in the City. She stated on October 9th she attended the Brooklyn Historical Society Annual Meeting where the author of the book: River of ConflicVRiver of Dreams spoke regarding the Mississippi River and its impact on development. She announced that on October 20 there will be a library book sale at the Brookdale Library from 2:00 p.m. to 5:00 p.m. and from 9:00 a.m. to 2:00 p.m. on Saturday, October 21 St. She stated the library book sale is a great way to enrich citizen's library at a reasonable cost. Councilmember Carmody stated she had nothing to report. Councilmember Niesen thanked the hosts of the candidate forum and those who attended. She addressed parking on the grass throughout the City and warned those who park on the grass that it is currently considered a misdemeanor and necessitates going to court and will appear on an individual's record, as it is considered a criminal violation. She stated citizens should be aware of the ramifications of parking on the grass. Mayor Kragness stated the candidate forum was the best attended in many years. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody stated per policy, Councilmember Niesen's changes to the minutes were not submitted in time to be considered. Councilmember Niesen stated she submitted the minute corrections late and asked if the City Council was going to accept her changes or hold them until the next meeting. Councilmember Carmody suggested that Councilmember Niesen clarify her suggested changes and the City Council can consider them at the next meeting. Councilmember O'Connor stated preference that Councilmember Niesen's changes be considered at the present meeting. 10/09/06 2 It was the majority consensus of the City Council to accept those changes submitted in time and to bring Councilmember Niesen's changes back for consideration at the next meeting. Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, removing the minutes from the September 25, 2006, Regular Session and Study Session. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. September 25, 2006 — Work Session 7b. LICENSES MECHANICAL American Appliance 340123 d Ave NW, Coon Rapids Assured Heating & A/C 334 Dean Ave E, Champlin In -A -Vent Heating and A/C 6101 104 Circle, Brooklyn Park RENTAL Renewal (There were no calls for service for the following) 540163 d Ave N (1 Bldg, 4 Units) John Schwarz 2807 66 Ave N (Single Family) Nicole Franklin 5347 & 53 Brooklyn Blvd (Two Family) Randall Cook 4902 France Ave N (Single Family) William Dudley Victoria Townhomes (8 Bldgs, 48 Units) The Gaughan Properties 7 Dist. Peace, 1 Burglary, 1 Drugs Initial (There were no calls for service for the following) 3712 53` Place N (Single Family) Alice Karpeh 1349 63` Lane N (Single Family) Teresa James 6605 Camden Drive (Single Family) Alexander Lakanu 6612 Ewing Ave N (Single Family) Andy Evuleocha Domestic Assault (There were no calls for service for the following) 7107 Ewing Ave N (Single Family) Zarr Yarpah 6804 Fremont Place (Single Family) Teresa James 6728 Grimes Ave N (Single Family) Kasanda Dorcas Warrant Arrest (There were no calls for service for the following) 5900 Xerxes Ave N (Single Family) Katherine Hicks 10/09/06 3 SIGNHANGER Pinnacle Signs & Graphics 340 Taft St NE, Minneapolis Topline Advertising 11775 Justen Circle, Maple Grove Franz Reprographics 2781 Freeway Blvd, Brooklyn Center 7c. RESOLUTION NO. 2006-111 APPOINTING ELECTION JUDGES 7d. PERFORMANCE GUARANTEE RELEASE FOR ESTATES OF RIVERWOOD Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2006 -011 SUBMITTED BY HARVESTIME GLOBAL MINISTRY. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO ALLOW A CHURCH USE IN AN I -1 ZONE AT 6820 SHINGLE CREEK PARKWAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT THEIR SEPTEMBER 28, 2006, MEETING. City Manager Curt Boganey stated the Planning Commission considered the proposal and recommended approval. He discussed the background information and factors of the application. Councilmember O'Connor raised the issue of whether the taxes are paid on the property and will continue to be paid, and the property will not be tax exempt. Mr. Boganey stated that is correct. Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2006 -011 subject to the following conditions recommended by the Planning Commission. 1. The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city's sign policy with respect to 69 Avenue North. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 10/09/06 4 9a. MAYORAL APPOINTMENT — NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested ratification of Christine Eaton to the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Lasman moved and Councilmember Carmody seconded to ratify Mayoral appointment to the Northwest Hennepin pp p n Human Services Council Advisory Commission. Councilmember O'Connor stated preference that Kimberley Meyer be appointed to the Northwest Hennepin Human Services Council Advisory Commission p ry because her application was received prior to that of Christine Eaton. Mayor Kragness explained that she was unable to reach Kimberley Meyer regarding her application; however, she was able to speak to Christine Eaton regarding her application. Councilmember Carmody and Mayor Kragness pointed out that it is not appropriate to point out that Ms. Eaton is the wife of a Mayoral Candidate and that it introduced politics into the debate, which is not allowed. Councilmember Niesen stated Christine Eaton is the wife of a Mayoral Candidate and agreed with Councilmember O'Connor in that Kimberley Meyer should be selected because her application was received prior to that of Christine Eaton. She stated preference to the appointment of Kimberley Meyer y and stated objection that Ms. Meyer was not spoken to before the decision was made. J Y p Councilmember Carmody stated precedence was set by appointing those who applied first; therefore, it is her preference that the Mayor attempt to reach Kimberley Meyer before the appointment is Y p Y Y pp made. Councilmember Lasman stated the proposed applicant is qualified and the City could not lose by appointing either one. She stated she would like it if Ms. Meyer was contacted and an apology extended that they were not able to speak prior to the appointment. Councilmember Niesen moved and Councilmember O'Connor seconded to table the Mayoral Appointment to the Northwest Hennepin Human Services Council Advisory Commission until the Mayor has an opportunity to reach the other candidate, Kimberley Meyer. Mayor Kragness and Councilmember Lasman voted against the same. Motion passed. 9b. PROCLAMATION OBSERVING THE WEEK OF OCTOBER 23 — OCTOBER 27, 2006, AS MINNESOTA MANUFACTURER'S WEEK Mayor Kragness read the Proclamation Observing the Week of October 23 — October 27, 2006, as Minnesota Manufacture's Week. Councilmember Lasman moved and Councilmember Carmody seconded to approve Proclamation Observing the Week of October 23 — October 27, 2006, as Minnesota Manufacturer's Week. Councilmember O'Connor voted against the same. Motion passed. 10/09/06 5 9c. RESOLUTION NO. 2006 -112 ESTABLISHING 2007 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Mr. Boganey explained the resolution and the rates defined therein. Councilmember O'Connor asked why the street is shown to cost $8,000 and the storm drainage is shown to cost $2,400. Mr. Boganey explained that the elements of the street reconstruction involve more costs such as curb and gutter, and landscaping. Public Works Director /City Engineer Todd Blomstrom explained that water and sanitary sewer costs are not included in the special assessments. He stated they are paid through funds in the Water Utility and Sanitary Sewer Utility fees. He explained that part of the utility bill goes towards capital expenditures such as these repairs. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006 -112 Establishing 2007 Street and Storm Drainage Special Assessment Rates. Councilmember O'Connor inquired about the resolution language regarding zoning. Mr. Boganey explained the zoning language in the resolution and addressed her concerns. Councilmember Niesen inquired about the increase of 4% and stated it seems high. She inquired about property in the Riverwood neighborhood whose owner indicated a $20,000 assessment. Mr. Blomstrom stated the assessment values have not been disclosed in the Riverwood neighborhood and stated those assessments will be nowhere near $20,000. Councilmember Niesen inquired about the calculation of the 4 %. Mr. Blomstrom explained that calculation of the 4% increase. Mayor Kragness explained that the $8,000 portion of the assessment mentioned by Councilmember O'Connor is not the actual assessment; however, it is the total cost of the improvements for that property. Councilmember O'Connor stated concern for the cost of curbs and the effects curbs will have on the stormwater system. Councilmember O'Connor voted against the same. Motion passed. 9d. AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM Mr. Boganey explained the purpose of the ordinance and stated this is for first reading of the ordinance and to set a second reading and public hearing. Councilmember O'Connor asked what the three biggest pollutants are and how the City is going to stop them from getting in the water system. Mr. Blomstrom stated there are many pollutants that include phosphorus, chloride, and many others that have various effects on the water system. He stated the City holds a permit issued by the National Pollutant Discharge Elimination System (NPDES) that lays out 26 best management practices that the City is required to implement in order to reduce pollutants. 10/09/06 6 Mr. Blomstrom stated the proposed ordinance would give the City the authority to enforce non- storm water discharges. Councilmember O'Connor stated concern that the City Manager or the City Council would be arrested because of the continued pollution of the storm water system. City Attorney Charlie LeFevere indicated that arrests would not be made. He stated the enforcement mechanism will come through the issuance or denial of the NPDES permit. He explained factors of the Ordinance that better explain its purpose and explained the Ordinance language in order to address Councilmember O'Connor's concerns. Councilmember Niesen stated concern with the residents having another law to abide by and the City having another law to enforce. She stated concern for minor pollutants like spilled paint and car washing in the driveway. Mr. Blomstrom explained that it is not the intent of the City to catch people washing their cars in the driveway; however, this Ordinance is intended for bigger sources of pollution. He stated there is a list of exceptions listed in the Ordinance. Councilmember Lasman moved and Councilmember Carmody seconded to approve first reading of ordinance and set seconding reading and Public Hearing for November 13, 2006. Motion passed unanimously. 9e. RESOLUTION NO. 2006 -113 AUTHORIZING ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT Mr. Boganey stated the City Council reviewed a proposed agreement with the City Manager and approved the agreement with one modification. Councilmember Niesen explained why the termination for cause section is important. She stated the recording of the last meeting showed that other Councilmembers were in favor of the language exactly as she read it. She stated she has not seen the complete final agreement. Councilmember Carmody stated the agreement presented two weeks ago was approved verbatim, with the exception of the number change from 12 to 6 included in the proposed addendum. She explained that she stated that she would be willing to consider an addendum and she did not say it had to be the League of Minnesota Cities language. Mr. Boganey stated the proposed agreement contains the exact language that was in the agreement provided to the City Council two weeks ago. Mr. LeFevere discussed areas of concern in the contract, particularly involuntary termination. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006-113 Authorizing Addendum to City Manager Employment Agreement. Councilmember O'Connor asked what Malfeasance means. Mr. LeFevere explained the meaning of malfeasance. Councilmember Niesen stated preference to use the League of Minnesota Cities language. 10/09/06 7 Councilmember O'Connor stated it was in the minutes that Councilmember Niesen brought up the League of Minnesota Cities language and stated it should have been used in the addendum. Councilmember Niesen and Councilmember O'Connor voted against the same. Motion passed. 9f. RESOLUTION NO. 2006 -114 APPROVING AMENDMENT TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BY -LAWS Mr. Boganey explained the purpose and discussed the background of the proposed resolution. Councilmember O'Connor inquired about the amount distributed to someone who retires in particular years. She stated it does not seem fair that those who retired earlier get less. She stated $7,000 is enough and stated opposition to the proposed $7,500. Councilmember Lasman stated disagreement with Councilmember O'Connor and stated the money is the incentive to be retained as a firefighter. She stated the City is saving millions of dollars per year by having volunteer firefighters. She stated it is the most cost effective way to continue as previously practiced. Councilmember Carmody stated agreement. Councilmember Lasman moved and Councilmember Carmody seconded to adopt Resolution No. 2006 -114 Approving Amendment to the Fire Department Relief Association By -Laws. Councilmember O'Connor voted against the same. Motion passed. 9g. RESOLUTION NO. 2006 -115 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS. Mr. Boganey explained the resolution and discussed its background and details. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006 -115 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:20 p.m. M i n passed unanimously. City Clerk Mayor 10/09/06 8