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HomeMy WebLinkAbout2006 11-13 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 NOVEMBER 13, 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, Community Development Director Brad Hoffman, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:45 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 City Manager Curt Boganey, Community Development Director Brad Hoffman, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 11/13/06 1 6. COUNCIL REPORT Councilmember O'Connor stated she had nothing to report. Councilmember Lasman stated on October 27, 2006, she attended the North Hennepin Chamber of Commerce Board meeting. She stated the Board discussed marketing strategies and is working with students from North Hennepin Community College to explore design ideas. She stated the Board is also working towards improving the North Hennepin Business Expo for next year. She stated on November 10, 2006, she attended the Best Buy Small Business Ribbon Cutting which is a business within a business, focused on small businesses. She stated she also attended the City Council Retreat where goal setting was discussed. She stated it was a productive meeting for both the incoming and outgoing City Council members. Councilmember Carmody stated she had nothing to report. Councilmember Niesen discussed the City Council Retreat where everyone worked together to set the goals for 2007. She stated the new facilitator was good and she is pleased with the goals that were set. She thanked the residents who submitted Citizen Comment Cards. She congratulated the incoming Council Members. Mayor Kragness thanked the incoming Council Members for attending the meeting tonight and the City Council Retreat. She stated she attended the Peacemaker's Ball at Brookdale on October 28, 2006, which raised money for the Peacemaker. She stated on November 2, 2006, there was a community notification regarding a level three sex offender moving into Brooklyn Center this month which was well attended and very informative. She stated she met with the Association of Rental Management (ARM) on November 9, 2006, where the concept of non - smoking apartment buildings was discussed. She stated she also met with the President of the Association of Liberians on November 9, 2006, who is meeting with residents and business owners in Brooklyn Center and Brooklyn Park to discuss the issues of the Liberian people. She stated there were two ribbon cuttings in Brooklyn Center including the Federated Credit Union and Best Buy Small Business. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen moved and Councilmember O'Connor seconded to add an item to the agenda regarding the taping and broadcasting of City Council meetings. There was discussion on the proposed addition in that Councilmember Niesen expressed her interest in allowing home viewers to hear all discussions of the City Council. Councilmember Carmody stated objection to the motion and stated a written request should have been submitted and discussed at the Study Session. Councilmember O'Connor agreed with Councilmember Niesen. Mayor Kragness and Councilmembers Lasman and Carmody voted against the same. Motion failed. Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda with the removal of the October 23, 2006 — Work Session minutes included in Item No. 7a from the Consent Agenda to Council Consideration Item No. l if and amendments to the October 23, 2006 — Study Session, Regular Session, and Executive Session, as discussed at the Study Session. The following consent items were approved: 11/13/06 2 7a. APPROVAL OF MINUTES 1. October 23, 2006 — Study Session 2. October 23, 2006 — Regular Session 4. October 23, 2006 — Executive Session 5. November 8, 2006 -- Special Session 7b. LICENSES GARBAGE COLLECTION VEHICLE Haugen's Haulers Inc 7386 31" ST SE, Buffalo GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Ave N Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway MECHANICAL Fireside Hearth & Home 2700 Fairview Ave, Roseville GTS HVAC, Inc 4018 Joyce Lane RENTAL Renewal Brookside Manor Apts 1121, 13 00-0 7 67"' (5 bldgs, 90 units) Anda Construction 18 Dist. Peace, 1 Crimes Against Family, 1 Fire, 1 Drugs, 2 Obstructing Justice, 4 Auto Thefts (There were no calls for service for the following) 6300 France Ave N (Single Family) Wade Klick 6809 Fremont Place N (Single Family) Terry Hartmann 2718 O'Henry Road (Single Family) Wade Klick 7111 Riverdale Road (Single Family) Allan & Vicki Olson 6661 Xerxes Place N (Single Family) Igor Epshteyn Initial (There were no calls for service for the following) 3124 64 t11 Ave N (Single Family) Brenda Wright 5509 Morgan Ave N (Single Family) Darrin Thomas TOBACCO RELATED PRODUCT Brookdale Citgo 5710 Xerxes Ave N Royal Tobacco 5625 Xerxes Ave N C. RESOLUTION NO. 2006 -123 ESTABLISHING CITY IMPROVEMENT PROJECT NO. 2007 -11, SANITARY SEWER LIFT STATION NO. 2 FORCE MAIN REPLACEMENT, AND AWARDING A PROFESSIONAL SERVICES CONTRACT 11/13/06 3 d. RESOLUTION NO. 2006-124 AFFIRMING THE FIRST AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION OF THE PROJECT PEACE JOINT POWERS ORGANIZATION Motion passed unanimously. 8. PRESENTATION Mayor Kragness presented a plaque of Recognition from the National League of Cities to the City of Brooklyn Center for 15 Years of Membership and Dedicated Service. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN 1 -94 AND 69TH AVENUE NORTH) —THIS ITEM WAS FIRST READ ON AUGUST 28, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON SEPTEMBER 7, 2006; A PUBLIC HEARING WAS HELD ON SEPTEMBER 25, 2006, AT WHICH TIME ADOPTION OF THE ORDINANCE WAS POSTPONED TO NOVEMBER 13, 2006, BECAUSE THE FINAL PLAT HAD NOT BEEN FILED WITH HENNEPIN COUNTY. City Manager Curt Boganey introduced the item and discussed the history and needed action for continuance. He stated because the final plat has not been filed with Hennepin County, it is recommended that the City Council move to continue the Ordinance Amendment until the final plat is filed with Hennepin County. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I -94 and 69th Avenue North). Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing and table the Ordinance Amendment until the final plat is filed with Hennepin County. Motion passed unanimously. 9b. AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM —THIS ITEM WAS FIRST READ ON OCTOBER 9, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON OCTOBER 26, 2006; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING. Mr. Boganey introduced the item and discussed the effects of the ordinance adoption. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing 11/13/06 4 on an Ordinance Relating to Discharges and Connections to the Stormwater System. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember O'Connor seconded to continue the Public Hearing until the December 11, 2006, City Council meeting. Councilmember O'Connor stated concern for citizen liability for spilled soda or carbonated water. Mr. LeFevere explained that the Ordinance can be modified to be less specific to the nature of prohibited materials, however stated he does not see that spilled soda or carbonated water would be a concern. There was discussion of exceptions to the ordinance that will be proposed when the final ordinance recommendation is made. Motion passed unanimously. 10. PLANNING COMMISSION 10a. PLANNING COMMISSION APPLICATION NO. 2006 -012 SUBMITTED BY TONY BERG. REQUEST FOR RESUBDIVISION APPROVAL TO UNCOMBINE OR RESUBDIVIDE THE PROPERTY AT 5420 FREMONT AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 26, 2006, MEETING. Mr. Boganey introduced this item and discussed the purpose of the proposed. Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2006 -012 subject to the following conditions recommended by the Planning Commission: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 4. No variances from city ordinance requirements are implied. Any future structures on the lots are required to meet setback requirements. 5. The applicant shall be responsible for modifying the existing single family residential home on Lot 26 so that there are no doors, windows or other openings along the north side of the building which is less than 10 ft. from the property line. Said modification shall be accomplished prior to the filing of the survey to reestablish the underlying properties. 11/13/06 5 6. The applicant shall have either made application for a building permit to construct a single family home on the reestablished Lot 27 and to come into compliance with the 3 ft. minimum setback for an accessory building or execute a performance agreement and post an appropriate financial guarantee to assure the removal of the garage and shed on Lot 27 within one year. In no event, shall there be an accessory building or buildings on Lot 27 within one year following the filing of the survey to reestablish the underlying properties unless there is a properly constructed single family home on said lot. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. PROCLAMATION DECLARING NOVEMBER 27 THROUGH DECEMBER 4, 2006, TO BE CHILDHOOD CANCER AWARENESS WEEK There was discussion on the proposed proclamation where Councilmember O'Connor stated the proclamation is not appropriate and will vote against. Councilmember Carmody stated no objection to a Childhood Cancer Awareness Week; however stated the presented proclamation is not focused on Childhood Cancer. It was suggested in order to eliminate any advertisement that the following portion of the proclamation be deleted: a descendent of cosmetics magnate Max Factor. Councilmember Lasman moved and Councilmember Niesen seconded to adopt a Proclamation Declaring November 27 through December 4, 2006, to be Childhood Cancer Awareness Week as amended. Councilmembers Carmody and O'Connor voted against the same. Motion passed. llb. RESOLUTION NO. 2006 -125 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER POLICE ASSOCIATION IN SUPPORT OF THE 2007 SAFETY CAMP Mayor Kragness read the resolution in its entirety. Councilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2006 -125 Expressing Appreciation for the Donation of the Brooklyn Center Police Association in Support of the 2007 Safety Camp. The cost of the program and purpose of donations was discussed. Motion passed unanimously. llc. 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 Mr. Boganey introduced the item and discussed previous information received by the City Council. 11/13/06 6 Councilmember Carmody discussed various concerns with the proposed resolution including lack of complete information received by the City Council, inappropriate comments made by an individual towards the League of Minnesota Cities, and the effects of the proposed technology. She stated she will vote against. There was a discussion on the two opinions presented in the packet. Councilmember Niesen, as the liaison, addressed views presented at the meetings of the Northwest Suburbs Cable Communications Commission. Councilmember Niesen moved to adopt a 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. Motion failed for lack of second. 11d. RESOLUTION NO. 2006 -126 AUTHORIZING THE EARLY ORDER/PURCHASE OF A STREET SWEEPER, EQUIPMENT NO. 43 Public Works Director /City Engineer Todd Blomstrom presented the item and indicated a benefit of early purchase being that the City may take advantage of the 2006 equipment price. He explained the purpose of the street sweeper which is to clean up litter and to help prevent stormwater contamination and build u in the storm w p sewers. s. Councilmember O'Connor stated drains should be cleaned but not streets. She also stated $111,000 is too much money. Councilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2006 -126 Authorizing the Early Order /Purchase of a Street Sweeper, Equipment No. 43. Councilmember O'Connor voted against the same. Motion passed. 11e. RESOLUTION NO. 2006 -127 AUTHORIZING THE EARLY ORDER/PURCHASE OF A ROTARY MOWER UNIT, EQUIPMENT NO. 250 Mr. Blomstrom presented the item and discussed a problematic history with the Rotary Mower unit and stated Toro has offered a larger trade -in amount as compensation. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006 -127 Authorizing the Early Order /Purchase of a Rotary Mower Unit, Equipment No. 250. There was discussion on the history of repairs and the cost. Councilmember O'Connor stated the compensation from Toro is not adequate. Mr. Blomstrom stated Toro is offering an amount above and beyond the trade -in value to compensate for the trouble with the equipment. Councilmember O'Connor voted against the same. Motion passed. 11L OCTOBER 23, 2006 —WORK SESSION MINUTES (Formerly Consent Agenda Item No. 7a.) 11/13/06 7 There was discussion on the following change to the minutes of the October 23, 2006 — Work Session requested by Councilmember O'Connor: Page 2, Paragraph 4 under: Shingle Creek Watershed Manasaement Commission — Maior Plan Amendment — Additional Laniauaize Councilmember O'Connor asked what pollutants the City puts into the watershed and how we would stop them. She said if we passed this amendment we would be out of compliance with it. Then we would be liable for a misdemeanor. Councilmember Carmody moved and Councilmember Lasman seconded directing staff to review the audio from the October 23, 2006 — Work Session and report back to the City Council at the next City Council meeting with staff's response to Councilmember O'Connor's concern. Motion passed unanimously. 12. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:58 p.m. Moti n passed unanimously. f City Clerk Mayor 11/13/06 8