HomeMy WebLinkAbout2006 10-23 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 23, 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 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, Director of Fiscal and Support
Services Dan Jordet, Community Development Director Brad Hoffman, Planning and Zoning
Specialist Ron Warren, City Attorney Mary Tietjen, and Deputy City Clerk Camille Worley.
Councilmember Lasman moved and Councilmember nded to close the Informal O
Carmody seconded en p
Forum at 6:45 p.m.
Motion passed unanimously.
2. INVOCATION
Father Jimmy Pham, St. Alphonsus Church, offered a prayer 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 City Manager Curt Boganey, Director of Fiscal and Support
Services Dan Jordet, Community Development Director Brad Hoffman, Planning and Zoning
Specialist Ron Warren, City Attorney Mary Tietjen, and Deputy City Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
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Councilmember O'Connor stated she attended the Park & Recreation Commission meeting where
the citizen comments were discussed related to parks and the Community Center.
�' opening Councilmember Lasman stated on October 11 she attended the grand ope g of McDonald's
where the Brooklyn Center High School Band performed. She stated on Oct 16 she attended the
Joint Work Session with the Financial Commission regarding the 2007 budget. She stated on Oct
17 she attended the Special Events Committee meeting where entertainment was discussed for the
96 birthday of the City, being held on February 3, 2007. She discussed the agenda item expressing
appreciation of crime prevention donation for the safety camp. She urged awareness of the program
and participation in crime prevention.
Councilmember Carmody stated she attended the 57 and Logan Neighborhood Meeting on Oct 10
regarding soil contamination. She stated the attendance at the meeting was low, however some
residents volunteered to have their homes tested for the soil contamination. She stated she attended
the Watershed meeting and will be discussing the details during the Work Session. She stated she
also attended the Housin g g
Commission meeting.
Councilmember Niesen discussed the City Council Retreat to be voted on at this meeting where
goals will be set. She reminded everyone that it is not too late to turn in the citizen comment cards
which the City Council will use for goal setting at the retreat.
Mayor Kragness stated on October 18 she attended the first graduation ceremony at the New
Citizens Academy Graduation. She stated it was marvelous to see the 15 students who graduated
from the program and how happy they were to receive their certificate. She stated appreciation for
being invited. She stated she attended the Visit Minneapolis North Board of Directors meeting and
discussed the projects they are working on.
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 September 25, 2006 — Study Session and Regular
Session, October 9, 2006 — Regular Session and Work Session, and October 16, 2006 — Joint Work
Session with the Financial Commission as discussed at the Study Session. The following consent
items were approved:
7a. APPROVAL OF MINUTES
1. September 25, 2006 — Study Session
2. September 25, 2006 — Regular Session
3. October 9, 2006 — Study Session
4. October 9, 2006 — Regular Session
5. October 9, 2006 — Work Session
6. October 16, 2006 — Budget Work Session with Financial Commission
7b. LICENSES
GASOLINE SERVICE STATION
Christy's Auto Service 5300 Dupont Ave N
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MECHANICAL
Alto Heating & Plumbing Inc 19260 Mushtown Road, Prior Lake
Northern Heating & A/C 9431 Alpine Drive NW, Ramsey
Perfection Heating &A/C 13951 N. 60" Street, Stillwater
Kulla Heating & Air P.O. Box 77, Lakeville
MOTOR VEHICLE DEALERSHIP
Luther Brookdale Chevrolet 6701 Brooklyn Blvd
RENTAL
Renewal
Brookhaven Apts (3907-09-1165' Ave) 3 Bldgs, 54 Units Hyder Jaweed
2 Dist Peace
3 Auto Theft
(There were no calls for service for the following)
421363 d Ave N (Single Family) Bryan Friendshuh
6512 Chowen Ave N (Single Family) David Moulder
5814 Ewing Ave N (Single Famliy) Salem Nyarecha
5618 Hillsview Road (Single Family) Nita Morlock
The Crossings 6201 Lilac Dr N (1 Bldg, 73 Units) Lang Nelson
The Crossing 6125 Lilac Dr N (1 Bldg, 65 Units) Lang Nelson
1 Dist Peace
(There were no calls for service for the following)
6007 Lyndale Ave N (Single Family) Errol Edwards
6443 Marlin Drive (Single Family) Trevor Tjelmeland
3319 Mumford Road (Single Family) William Coleman
6221 Shingle Creek Pkwy (1 Bldg, 122 Units) Amcon
7 Dist Peace
1 Burglary
3 Crimes Against Family
1 Obstructing Justice
4718 Twin Lake Ave (Single Family) Richard Becht
NONE
Initial
(There were no calls for service for the following)
2907 64th Ave N Chudi Igbanugo
421362 nd Ave N (Single Family) Brannon Ciora
6343 Dupont Ave N (Single Family) Linh Nguyen
5737 Halifax Ave N (Single Family) Stephen Menya
5650 Humboldt Ave N (Single Family) Syed Raza
6807 Humboldt Ave N #304 (Single Family Condo) Greg Bohnsack
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6813 Humboldt Ave N #303 (Single Family Condo) Greg Bohnsack
HUMBOLDT COURTS
1 Assault
2 Crimes Against Family
7225 Knox Ave N (Single Family) Ai Tran
NONE
7c. RESOLUTION NO. 2006 -116 EXPRESSING APPRECIATION FOR THE
DONATION OF THE BROOKLYN CENTER CRIME PREVENTION
PROGRAM IN SUPPORT OF THE 2007 SAFETY CAMP
7d. SITE PERFORMANCE GUARANTEE REDUCTION FROM $35,000 TO
$10,000 FOR NORSE MANAGEMENT, INC. FOR BRISTOL VILLAGE
TOWNHOMES LOCATED BETWEEN 67 PLACE AND 69 PLACE AT
IRVING PLACE
Motion passed unanimously.
8. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND
CERTIFICATE CEREMONY
While each of the Council Members read the nominations, Mayor Kragness presented Random Acts
of Kindness certificates to those persons who were nominated as follows: Camille Worley, Gene
Hageman and George Shimshock Family, Jo Sanford, Kermit and Marilyn Klefsaas, Arthur Lenius,
Diane Sannes and Sue Tegg, Mary Slette, and Brooklyn Center High School Latino Club. Persons
who were nominated but not present were: Laura Rupp and Pastor Peter Preus.
9. PUBLIC HEARING
9a. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE PARLORS;
AMENDING BROOKLYN CENTER CITY CODE SECTION 23 -1712
Mr. Boganey explained the purpose of the Ordinance and stated it is the second reading.
Councilmember O'Connor asked if this was the health and fitness club portion of the Ordinance. Mr.
Boganey answered "yes."
Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Carmody moved and Councilmember Niesen seconded to adopt ORDINANCE NO.
2006 -05 Relating to the Licensure of Massage Parlors; Amending Brooklyn Center City Code
Section 23 -1712.
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Motion passed unanimously.
9b. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY
EXCHANGE LICENSE SUBMITTED BY MONEY CENTERS HOLDINGS LLC,
6219 BROOKLYN BOULEVARD
Mr. Boganey explained the request and stated the operation has submitted all appropriate items.
Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember O'Connor requested that the Police Chief discuss the calls for service. Police Chief
Bechthold stated the list of calls from the business range from 11105 to 9/06 and includes several
items such as forgery, fraud, civil matters, medical, alarm, disturbance, and theft.
Councilmember Lasman moved and Councilmember Carmody seconded to approve RESOLUTION
NO. 2006 -117 Authorizing Issuance of a Currency Exchange License to Money Centers Holdings
LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. MAYORAL APPOINTMENT — NORTHWEST HENNEPIN HUMAN SERVICES
COUNCIL ADVISORY COMMISSION
Mayor Kragness stated she spoke to both candidates and upon those discussions, changed her
nomination to Kimberley Meyer, 6131 Kyle Avenue North, to the Northwest Hennepin Human
Services Council Advisory Commission.
Councilmember Lasman moved and Councilmember O'Connor seconded to remove item from the
table.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to ratify Mayoral
nomination.
Motion passed unanimously.
10b. SET DATE AND TIME FOR FACILITATED CITY COUNCIL RETREAT
Mr. Boganey explained that the City Council elected to have the City Council Retreat on Nov 11
from 9:00 a.m. to 3:00 p.m.
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Councilmember Lasman moved and Councilmember Carmody seconded to set date and time of
facilitated City Council Retreat for Saturday, November 11, 2006, from 9:00 a.m. to 3:00 p.m. at
Earle Brown Heritage Center, 6155 Earle Brown Drive.
Motion passed unanimously.
10c. RESOLUTION NO. 2006-118 SUPPORTING THE MOSAIC YOUTH CENTER
Mayor Kragness stated she received a Resolution approved by the City of Robbinsdale with regard
to the Mosaic Youth Center.
Councilmember O'Connor asked if the Mosaic Youth Center is paid for by Robbinsdale School
District 281. Mayor Kragness stated there are many funds that contribute to the Mosaic Youth
Center.
Councilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION
NO. 2006-118 supporting the Mosaic Youth Center.
Councilmember O'Connor stated the School Districts should not be involved with a youth center.
Councilmember O'Connor voted against the same. Motion passed.
10d. PROCLAMATION DECLARING NOVEMBER 19 THROUGH 25, 2006, AS
NATIONAL FAMILY WEEK
Mayor Kragness read the Proclamation Declaring November 19 through 25, 2006, as National
Family Week.
Councilmember Carmody moved and Councilmember Niesen seconded to approve the
proclamation.
Councilmember O'Connor stated the Proclamation is supported by School District 279 and stated
schools should not be running adult education facilities. She stated families and citizens should take
care of this stuff and too many taxes are charged to citizens for items such as this.
Councilmember O'Connor voted against the same. Motion passed.
10e. RESOLUTION NO. 2006 -119 PROVIDING FOR THE COMPETITIVE
NEGOTIATED SALE OF $1,460,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2006A
Mr. Boganey discussed the purpose of the resolution.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION
NO. 2006 -119 Providing for the Competitive Negotiated Sale of $1,460,000 General Obligation
Improvement Bonds, Series 2006A.
Councilmember O'Connor asked why the City is borrowing money to improve the roads. Mayor
Kragness explained the assessment process and stated this request is so that the improvements may
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be paid for until the assessments are collected. There was further discussion on the process of the
sale of bonds and interest rates. Councilmember O'Connor stated the interest rate included in the
packet is not correct. Director of Fiscal and Support Services Dan Jordet explained the interest rates
and the calculation of the rates and offered to recalculate the figures at a different interest rate and
return that information at the Public Hearing. Councilmember O'Connor suggested that the
additional Local Government Aid received this year be used towards this, to reduce the amount of
money the City borrows.
Mr. Boganey explained that the bonds backed with the full faith of the City, to provide the City with
the lowest interest rate of repayment. Mr. Jordet discussed the minimization of risk to the City.
Councilmember O'Connor moved and Councilmember Niesen seconded to amend the motion to
state the City reduces the total amount of $1,460,000 by $600,000, using the additional Local
Government Aid to be received by the City.
Councilmember Carmody stated this issue was fully discussed at the Joint Work Session with the
Financial Commission and reducing the amount was not the way the City Council agreed to proceed.
She stated she will vote against the amended motion.
Councilmember Niesen stated the City Council has not agreed in regard to the distribution of the
surplus of LGA. She stated she would prefer that the surplus goes back to the homeowners by
applying it to property tax relief. She stated she would not support this use of the additional LGA.
Councilmember O'Connor stated objection to the increase in property taxes when the City is
receiving an additional amount of LGA.
Mayor Kragness, and Councilmembers Carmody, Lasman, and Niesen voted against the same.
Motion failed.
Councilmember O'Connor inquired about the amount paid to Springsted. Mr. Boganey stated he
will collect that information and report back to the City Council.
Councilmember Carmody stated the proposal will not cost the residents and the comment
Councilmember O'Connor made to that effect is incorrect.
Councilmember O'Connor voted against o g st the same. Motion passed.
10L QUARTERLY POLICE REPORT AND CODE ENFORCEMENT UPDATE
Police Chief Bechthold presented a PowerPoint presentation on the third Quarter Police Report
which displayed comparison information from years 2003 to 2006. He discussed code enforcement
and crime trends in the City.
Councilmember Carmody requested a copy of the code enforcement details and number of citations.
Councilmember Niesen inquired if the police were tracking and analyzing the source of calls and if
so, whether there were repeat calls from businesses who may be using the police inappropriately as
their security firm. Chief Bechthold responded that they had started to do this and he would be
making a report to Council in the future.
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There was discussion of parking, fines, and the process of citation in which warnings are not being
given to all offenders.
Mr. Boganey stated the increase in the number of citations may indicate a different approach by the
City, rather than a difference in the amount of violations.
Councilmember Carmody inquired about staff time consumed by code enforcement. Mr. Boganey
stated it is difficult to track the expense and it is spread out throughout the organization. He
discussed new software available or the better use of the existing software. He stated the City needs
to have good data so that it can allocate its resources in the best manner possible.
There was discussion of staffing needs for the Police Department.
10g. RESOLUTION NO. 2006 -120 ADOPTING AMENDMENTS TO THE FINANCIAL
POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF
POLICIES
Mr. Boganey stated this issue was raised during the audit last year and was referred to the staff to
work with the Financial Commission to update the Financial Policy.
Councilmember O'Connor stated concern with the security of the agencies in which the City is
proposing to invest with. Mr. Jordet stated it is his understanding that the proposed agencies were
having personnel issues, none of which affect the security of the investments. He discussed the
investments of the City and stated the returns have increased because of the increase in interest rates.
There was discussion of corporate paper, mortgage backed securities, and agency investments.
Councilmember Niesen stated objection to changing the policy to allow investments in mortgage
backed securities and inquired as to how many such investments the City currently had. Mr. Jordet
stated the City had only two mortgage -type investments both made previous to his employment.
Councilmember Niesen stated she favored maintaining use of the word minimize because it
emphasized intent to hold down the costs of City government in general.
Councilmember Lasman stated these issues should have been discussed at the Joint Meeting with the
Financial Commission.
Councilmember Niesen suggested that the term of six years be modified to three years on the
Request for Proposals, expanding the modifying capabilities.
There was discussion on Councilmember Niesen's request.
Councilmember O'Connor moved and Councilmember Niesen seconded to accept the following
changes to the policy: Original language excluding mortgage backed securities and to keep the word
minimize instead of the words lower and control.
Mr. Boganey stated that whether the word minimize was used or if the proposed language was used
the staff would still attempt to invest City funds in a conservative and safe manner.
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Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION
NO. 2006 -120 Adopting Amendments to the Financial Policies Section of the Brooklyn Center City
Council Code of Policies with the amendment of replacing "City" with "City Council" with regard
to the adopting body.
Councilmember Niesen voted against the same. Motion passed.
10h. DISCUSSION OF MCES CLAIMS
City Attorney Mary Tietjen stated the City has received communication from the Metropolitan
Council Environmental Services (MCES) regarding an issue of under billing by the MCES to the
City for sanitary sewer treatment charges. She stated because the issue involves potential litigation,
she recommended that the City Council enter into a closed session based on attorney /client privilege,
to discuss legal alternatives and seek advice on how to proceed.
ADJOURN CITY COUNCIL MEETING TO ENTER INTO CLOSED SESSION
Councilmember Niesen moved and Councilmember Lasman seconded to adjourn the City Council
meeting to closed session at 9:24 p.m.
Motion passed unanimously.
RECONVENE CITY COUNCIL MEETING
The City Council meeting was reconvened at 9:50 p.m.
Ms. Tietjen briefly summarized the findings of the closed session and stated the City Council
directed staff to commence negotiations with regards to the MCES claim.
10i. JOINT PUBLIC HEARING WITH EDA: BROOKLYN HOTEL PARTNERS, LLC
RESOLUTION NO. 2006 -121 APPROVING PROPERTY TAX ABATEMENT
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT
The EDA meeting was called to order at 9:52 p.m. (See EDA Minutes)
Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION
NO. 2006 -121 Approving Property Abatement Authorizing Execution of Development Agreement
and agreeing to tax abatement.
Councilmember O'Connor stated the City would get more money by selling the property and not
issuing tax abatement and therefore she will vote against the proposal.
Councilmember O'Connor voted against the same. Motion passed.
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10. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 10:25 p.m.
Moto passed unanimously.
City Clerk Ma r
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