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HomeMy WebLinkAbout2007 01-08 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 JANUARY 8, 2007 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 Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey and City Clerk Sharon Knutson. Mayor Willson opened the meeting for the purpose of Informal Open Forum. Dave Looby, North Hennepin Area Chamber of Commerce, addressed the Council and welcomed the new members and introduced himself. He stated he had new maps for distribution. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson offered a moment of silence as the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered the Oath of Office to Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. PASSING OF THE GAVEL Former Mayor Myrna Kragness passed the gavel to Mayor Tim Willson. 01/08/07 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:08 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported attending former Mayor Myrna Kragness' retirement party. Mayor Willson and Councilmembers O'Connor, Ryan, and Yelich had nothing to report. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded approval of the Agenda and Consent Agenda with the removal of Item No. 7.a.2 from the Consent Agenda; changing Item No. 11 Is to 11 v; and the removal of Item Nos. 7e, 7f, and 7g from the Consent Agenda to Council Consideration Item Nos. I Is, 11 t, and l Iu, respectively. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. December 11, 2006 —Study Session 7b. LICENSES FIREWORKS — PERMANENT Dollar Saver 6096 Shingle Creek Parkway GASOLINE SERVICE STATION Holiday Stationstores #292 420 66th Avenue N Humboldt Shell 6840 Humboldt Avenue N Perfect Car Wash #504 6849 Brooklyn Blvd Royalty & Sons, Inc (Brooklyn BP) 6044 Brooklyn Blvd 01/08/07 -2- MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane N, Plymouth Master Gas Fitters 2242 Jennifer Lane, North St. Paul RENTAL Renewal 1304 68th Lane N Samuel Holloway III 5825 Colfax Ave N Beulah Hill 1607 Irving Lane N Eugene Sesonga 7208 Perry Court E Vincent Okonkwo 5207 E Twin Lake Blvd David Ulhorn The Pines 6511 -21 Humboldt Ave N The Pines North LLC (2 Bldgs, 102 Units) 13 Disturbing, 1 weapons, 1 fire Centerpointe Apts 2800 Northway Drive Hyder Jaweed (21 Bldgs, 252 Units) 3 assaults, 49 disturbing, 5 burglaries, 1 weapons, 1 forgery, 8 drugs, 3 robbery, 1 loud party, 7 auto thefts Initial 5500 Bryant Ave N (1 Bldg, 4 Units) Joshua Makinde 2 noise, 1 disturbing (There were no calls for service for the following properties) 6618 Colfax Ave N (Single Family) Momolu Kpakelipaye 6807 Humboldt Ave N #303 (Condo Unit) Susan Grzeskowiah 7230 West River Road (1 Bldg, 4 Units) Joshua Makinde 7250 West River Road (1 Bldg, 4 Units) Joshua Makinde SECONDHAND GOODS DEALER GameStop 1307 Brookdale Mall GameStop 6068 Shingle Creek Parkway TOBACCO RELATED PRODUCT CVS Pharmacy 5801 Brooklyn Blvd Dollar Saver 6096 Shingle Creek Parkway Holiday Stationstores #292 420 66th Avenue N Holiday Stationstores #2099 6890 Shingle Creek Parkway Humboldt Shell 6840 Humboldt Avenue N Perfect Car Wash #504 6849 Brooklyn Blvd Royalty & Sons, Inc (Brooklyn BP) 6044 Brooklyn Blvd S &I Tobacco 6930 Brooklyn Blvd Sun Foods 6350 Brooklyn Blvd Value Food 6804 Humboldt Avenue N 01/08/07 -3- 7c. RESOLUTION NO. 2007-01 DESIGNATING OFFICIAL NEWSPAPER 7d. RESOLUTION NO. 2007 -02 DESIGNATING DEPOSITORIES OF CITY FUNDS Motion passed unanimously. 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING There was not a Public Hearing scheduled for this meeting. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2006 -0013 SUBMITTED BY LORI ATHIAS — REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A TWO -UNIT TOWNHOUSE AT 4821 TWIN LAKE AVENUE NORTH City Manager Curt Boganey introduced Planning Commission Application No. 2006 -0013 submitted by Lori Athias requesting site and building plan approval for a two -unit townhouse at 4821 Twin Lake Avenue North. Planning and Zoning Specialist Ron Warren said the Planning Commission recommended approval of Planning Commission Application No. 2006 -0013 subject to 13 conditions outlined in its December 14, 2006, minutes. Mr. Warren displayed an area map showing the location of the property under consideration and explained that the applicant plans to clear the land of the existing single family home and garage and build a two -unit, two -story townhome with attached garages. He reviewed the sanitary sewer easement encroachment and discussed the plan revision that the applicant must submit in order to proceed. He stated the applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. Councilmember Lasman moved and Councilmember Ryan seconded approval of Planning Commission Application No. 2006 -0013 subject to the following conditions recommended by the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works Director's memo of December 11, 2006, must be complied with. 01/08/07 -4- 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements, and utility service lines to the City Engineer prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City engineering department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The applicant shall provide the City with a "no association determination" letter from Minnesota PCA prior to trenching for utilities and dewatering in the sanitary sewer easement area or the Twin Lake Avenue right of way area. 9. The applicant shall comply with Section 35 -2150, Subdivision 2, of the City's Flood Plain Ordinance with respect to the finished floor elevations for the dwelling units and garages. 10. The applicant is responsible for obtaining a driveway permit from the City's engineering department prior to establishing the new driveway to serve the site. 11. The owner of the property shall obtain a rental dwelling license prior to the renting or leasing of dwelling units in the project if the town home units are to be rented. 12. The owner of the property shall replat or file a condominium declaration under the Minnesota Condominium Act if the units are to be sold separately. 13. The owner of the property shall apply for and be granted a vacation of the existing utility easement over the easterly portion of the subject property. A new 25 ft. wide utility easement as approved by the City Engineer shall be dedicated to the City to protect the existing sanitary sewer line. These actions shall be accomplished prior to the issuance of building permits for this project. Motion passed unanimously. 01/08/07 -5- 11. COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2007 -03 EXPRESSING RECOGNITION AND APPRECIATION OF MYRNA KRAGNESS FOR TWELVE YEARS OF DEDICATED PUBLIC SERVICE AS MAYOR Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Myrna Kragness for Twelve Years of Dedicated Public Service as Mayor and Mayor Willson presented a recognition wall plaque to Myrna Kragness. llb. RESOLUTION NO. 2007 -04 EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson read the Resolution Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service as Council Member. Kathleen Carmody was not present to receive the recognition wall plaque. llc. RESOLUTION NO. 2007 -05 EXPRESSING RECOGNITION AND APPRECIATION OF DIANE NIESEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Diane Niesen for Her Dedicated Public Service as Council Member and Mayor Willson presented a recognition wall plaque to Diane Niesen. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -03 Expressing Recognition and Appreciation of Myrna Kragness for Twelve Years of Dedicated Public Service as Mayor; RESOLUTION NO. 2007 -04 Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service as Council Member; and RESOLUTION NO. 2007 -05 Expressing Recognition and Appreciation of Diane Niesen for Her Dedicated Public Service as Council Member. Motion passed unanimously. lld. RESOLUTION NO. 2007 -06 EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions and Mayor Willson presented certificates of appreciation to those members recognized who were present. Councilmember Lasman moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2007 -06 Expressing Recognition and Appreciation of Members Who Have Served on City Commissions. Motion passed unanimously. 01/08/07 -6- lle. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson requested ratification of Councilmember Lasman as Mayor /President Pro Tem and Councilmember O'Connor as Acting Mayor /President Pro Tem. Councilmember Lasman moved and Councilmember Ryan seconded ratification of Councilmember Lasman as Mayor/President Pro Tem and Councilmember O'Connor as Acting Mayor /President Pro Tem. Motion passed unanimously. ll.f RESOLUTION NO. 2007 -07 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson read the Resolution Declaring Commitment to the Brooklyn Center City Charter. Councilmember Lasman moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2007 -07 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. I1g. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Willson requested ratification of reappointments to City Advisory Commissions. Councilmember Lasman moved and Councilmember Yelich seconded ratification of the Mayoral reappointments to City Advisory Commissions as follows: Financial Commission Mark Nemec 5538 Camden Avenue North Susan Shogren Smith 600 62nd Avenue North Housing Commission Kris Lawrence- Anderson 5213 Eleanor Lane Park and Recreation Commission John Russell 5312 Lilac Drive North Thomas Shinnick 5324 Oliver Avenue North Planning Commission Grady Boeck 5601 Indiana Avenue North Gary Ford 5630 Lilac Drive North Sean Rahn 5740 Irving Avenue North Northwest Hennepin Human Services Council Advisory Commission Joshua Xiong 5706 Bryant Avenue North 01/08/07 -7- Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North Councilmember O'Connor inquired if notice of vacancies was posted for 30 days. Mayor Willson responded that this item relates to reappointments of commission members currently serving and wishing to continue service on their respective commission. Motion passed unanimously. 11h. MAYORAL APPOINTMENT — FINANCIAL COMMISSION Mayor Willson requested ratification of his nomination of Rex Newman, 3107 61st Avenue North, to the Financial Commission. Councilmember Lasman moved and Councilmember Ryan seconded ratification of the Mayoral appointment of Rex Newman, 3107 61 st Avenue North, to the Financial Commission. Motion passed unanimously. 11i. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2007 Mayor Willson requested ratification of his appointments of City Council Members to serve as liaisons to City Advisory Commissions and as City representatives /voting delegates for other organizations for 2007. Councilmember Lasman moved and Councilmember Yelich seconded ratification of Mayoral appointments of City Council Members to serve as liaisons to City Advisory Commissions and as City representatives /voting delegates for other organizations for 2007 as follows: Financial Commission Mark Yelich Housing Commission Dan Ryan Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman Northwest Suburbs Cable Communications Commission Mary O'Connor North Metro Mayors Association Tim Willson Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Mary O'Connor Visit Minneapolis North Tim Willson Judith Bergeland Myrna Kragness North Hennepin Area Chamber of Commerce Kay Lasman Association of Metropolitan Municipalities Tim Willson Mark Yelich — Alternate League of Minnesota Cities Tim Willson Dan Ryan — Alternate 01/08/07 -8- Councilmember O'Connor stated she believes there should be a Council liaison to the Planning Commission. Motion passed unanimously. 11j. AMEND 2007 CITY COUNCIL MEETING SCHEDULE 1. CHANGE THE DATE OF THE FIRST COUNCIL MEETING IN NOVEMBER TO TUESDAY, NOVEMBER 13, DUE TO VETERANS DAY BEING OBSERVED ON MONDAY, NOVEMBER 12 2. RESOLUTION NO. 2007 -08 ACCEPTING A PROPOSAL FOR A LEADERSHIP — PLANNING — TEAM BUILDING RETREAT PROPOSED BY DON SALVERDA & ASSOCIATES Mr. Boganey explained that the first part of the request to amend the 2007 City Council meeting schedule is to change the date of the first Council meeting in November to Tuesday, November 13, due to the Veteran's Day holiday. Mr. Boganey said the second art of the request is t g Y p o adopt o resolution accepting the proposal p p g p p for a facilitated retreat and to schedule the retreat for Saturday, January 13, at 8:30 a.m. at Earle Brown Heritage Center. Councilmember O'Connor requested the two items be voted on separately. Councilmember Lasman moved and Councilmember Ryan seconded to change the date of the first Council meeting in November to Tuesday, November 13. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -08 Accepting a Proposal for a Leadership — Planning — Team Building Retreat Proposed by Don Salverda & Associates. Motion passed unanimously. 11k. RESOLUTION NO. 2007 -09 RECEIVING AND ACCEPTING THE 2006 GOAL SETTING RETREAT REPORT OF NOVEMBER 11, 2006, AS PREPARED BY DONALD SALVERDA & ASSOCIATES Mr. Boganey explained that the 2006 City Council and City Council- elects had met on November 11, 2006, in a facilitated retreat to establish goals for 2007, and the facilitator had prepared a summary retreat report and it is offered in a resolution for acceptance. Councilmember O'Connor stated she would not be voting in favor of this report as she does not agree with some of the priorities listed. 01/08/07 -9- Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -09 Receiving and Accepting the 2006 Goal Setting Retreat Report of November 11, 2006, as Prepared by Donald Salverda & Associates. Councilmember O'Connor voted against the same. Motion passed. 111. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING THE DISPLAY OF DECORATIVE BANNERS Mr. Boganey said the City received a request from a property owner to allow the display of decorative banners from light poles on their property. He stated the City Council reviewed the proposed ordinance amendment at its November 27, 2006, Work Session, and directed that the matter be placed on its agenda for the first meeting in January 2007. Councilmember Lasman moved and Councilmember Ryan seconded approval of first reading of An Ordinance Amending Chapter 34 of the City Code of Ordinances Regarding the Display of Decorative Banners and setting second reading and Public Hearing for February 12, 2007. Councilmember O'Connor inquired if the ordinance amendment should clarify that the light standards be located on private property. Mr. Warren responded that Chapter 34 of the City Code of Ordinances only regulates private property and prohibits signs within the public right of way. Motion passed unanimously. 11m. RESOLUTION NO. 2007 -10 ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2007 -05, 06, 07 AND 08, RIVERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Director of Public Works /City Engineer Todd Blomstrom stated there are two items for consideration, the first being the acceptance of the feasibility report and the second calling for Public Hearings on the project and the proposed special assessments. Mr. Blomstrom showed a PowerPoint presentation related to the Riverwood Area Neighborhood Improvement Project. He said the City's Capital Improvement Program identifies the Riverwood Area Neighborhood Improvement Project for construction in 2007 and reviewed the project area, which is located east of T.H. 252, south of 73rd Avenue North to 1 -694 with the exclusion of Riverwood Lane. Mr. Blomstrom discussed the water distribution system, sanitary sewer collection system, storm water drainage system, and street reconstruction, noting residents along the 7200 block of Dallas Road have submitted a petition requesting the City to consider a two -inch thick overlay. He said there is a limited amount of area for a storm water pond and discussed an alternate approach using rain gardens and in -line treatment devices (underground vaults) is proposed. 01/08/07 -10- Mr. Blomstrom stated the estimated project cost is $4,771,000 and reviewed the funding sources as outlined in Table 1 of the feasibility report. He reviewed the special assessment levies by property type, noting the special assessments were calculated in accordance with the City's Special Assessment Policy. He reviewed the preliminary project schedule. There was Council discussion regarding pedestrian safety and security. Mr. Blomstrom indicated that the feasibility report addresses street lighting and requests for mid -block street lights. He said the project includes a proposed sidewalk along the west side of Willow Lane from 66th Avenue to the terminus near I -694. Councilmember O'Connor asked where the storm water drains. Mr. Blomstrom responded that the storm water drains to the Mississippi River. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -10 Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2007 -05, 06, 07 and 08, Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements. Councilmember O'Connor voted against the same. Motion asked. I g P 11n. RESOLUTION NO. 2007 -11 DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007 -05 AND 06, CONTRACT 2007 -B, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey said that with the acceptance of the feasibility report for the Riverwood Area Neighborhood Improvements, it is recommended that the City Council call for a Public Hearing to consider the proposed special assessments to be levied in conjunction with the project. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -11 Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2007 -05 and 06, Contract 2007 -B, Riverwood Area Neighborhood Street and Storm Drainage Improvements. Councilmember O'Connor voted against the same. Motion passed. 11o. RESOLUTION NO. 2007 -12 CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2007 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey explained that the City has received Community Development Block Grant (CDBG) funds for several years and there are CDBG funds available for 2007. He said in order to expend the funds, it is necessary to schedule a Public Hearing on the City's proposed use of the 2007 Urban Hennepin County Community Development Block Grant Program allocation. He stated it is recommended to adopt the resolution calling for the Public Hearing for February 12, 2007. 01/08/07 -11- Councilmember O'Connor stated the federal government should not be collecting taxes and passing the money to the County and City, but rather it should be reducing the taxes at the federal level. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -12 Calling For a Public Hearing on Proposed Use of 2007 Urban Hennepin County Community Development Block Grant Funds. Councilmember O'Connor voted against the same. Motion passed. 11p. RESOLUTION NO. 2007 -13 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2007 AND 2008 Mr. Boganey stated the City and Local 49 have negotiated a contract for calendar years 2007 and 2008. He said there are minor changes to the contract language. He explained that the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with the nine cities that were established by the City Council as similar communities. He said that the proposed salary level is at the mid -point of the range. Councilmember O'Connor inquired if the insurance benefit in the contract is the same as the non -union City employees. Mr. Boganey responded affirmatively. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -13 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Years 2007 and 2008. Councilmember O'Connor moved to amend the resolution to increase wages 3% effective January 2007 and increase wages 3% effective January 1 2008. ary , , g ary , Motion failed for lack of second. Voting in favor of the original motion: Mayor Willson and Councilmembers Lasman, Ryan, and Yelich. Councilmember O'Connor voted against the same. Motion passed. 11q. RESOLUTION NO. 2007 -14 AMENDING SECTION 7.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS REGARDING CITY HOLIDAYS Mr. Boganey explained that the Station Service Officers (SSOs) have a position similar to the former position of Public Safety Dispatcher in that the position is a twenty -four hour /seven day a week essential position. He said the SSOs are required to work holidays and it is difficult to schedule time off on the holidays. He said the former position of Public Safety Dispatcher was allowed to bank holiday hours due to the nature of the position. He stated the resolution would amend the Personnel Rules and Regulations to allow SSOs to bank holiday hours. Councilmember O'Connor asked how many SSOs are employed. Mr. Boganey responded that he believed there were approximately seven, which are both full -time and part-time positions. 01/08/07 -12- Councilmember O'Connor inquired if the holidays were the same as union employees. Mr. Boganey responded that the SSOs are non -union employees and the holidays could vary by union contract, but would be quite similar. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -14 Amending Section 7.1 of the City's Personnel Rules and Regulations Regarding City Holidays. Motion passed unanimously. 11r. OPPORTUNITY SITE AREA 1. RESOLUTION NO. 2007 -15 ESTABLISHING A MORATORIUM ON DEVELOPMENT IN THE OPPORTUNITY SITE AREA Mr. Boganey said the City Council discussed the Opportunity Site Area in November 2006 and directed staff to prepare a resolution and ordinance establishing a moratorium on development within the boundaries of the Opportunity Site Area. He said the adoption of the resolution would prohibit the acceptance of new applications for re- zonings, subdivisions, conditional use permits, site plan applications, or building permits for new buildings or expansions of existing buildings within the boundaries of the Opportunity Site Area. He stated the intent of the moratorium is to provide adequate time for City staff to study the findings and recommendations of the Opportunity Site Task Force and to consider land use modification and redevelopment standards as part of the Comprehensive Plan update. He noted the resolution does allow for the City Council to approve exceptions to the moratorium if it determines that the approval would not interfere with the purposes for which the moratorium was adopted. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -15 Establishing a Moratorium on Development in the Opportunity Site Area. Councilmember Lasman clarified that the moratorium would not exceed twelve months. Councilmember O'Connor stated that School District No. 286 is in the Opportunity Site Area, and she doesn't believe the City should establish a moratorium in this area to prevent building and receiving taxes. She said she would be voting against the moratorium. Councilmember O'Connor voted against the same. Motion passed. 2. AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT IN THE OPPORTUNITY SITE AREA Mr. Boganey said the interim ordinance would implement the moratorium and is offered for first reading and requested to schedule the second reading and Public Hearing for February 12, 2007. 01/08/07 -13- Councilmember O'Connor raised the issue of adopting both the resolution and the ordinance. City Attorney Charlie LeFevere explained that most cities can adopt an ordinance on first reading; however, Brooklyn Center is a Charter City and the adoption of an ordinance is a more lengthy process requiring published notices and a Public Hearing. He said the adoption of the resolution establishes the moratorium until the ordinance takes effect. Councilmember Lasman moved and Councilmember Yelich seconded approval of first reading of An Interim Ordinance for the Purpose of Protectin g g the Planning Process and the Health Safety and Welfare of the Residents of the City, and Regulating and Restricting Development in the Opportunity Site Area and setting second reading and Public Hearing for February 12, 2007. Councilmember O'Connor voted against the same. Motion passed. 11s. (FORMERLY CONSENT AGENDA ITEM NO. 7e) RESOLUTION NO. 2007 -16 APPOINTING CURT BOGANEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP Mr. Boganey stated this item was removed from the Consent Agenda at the request of Councilmember O'Connor. Councilmember O'Connor asked how it helps the City to belong to the Hennepin Recycling Group (HRG) and whether it costs any money to belong and if the City can go on its own. Mr. Boganey responded that it does not cost the City any money to belong to the HRG, and he believes the HRG does get a better cost for the service provider than the City would on its own. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -16 Appointing Curt Boganey as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group. Motion passed unanimously. 11t. (FORMERLY CONSENT AGENDA ITEM NO. 7f) RESOLUTION NO. 2007 -17 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS Mayor Willson stated this item was removed from the Consent Agenda at the request of Councilmember O'Connor. Councilmember O'Connor said she doesn't think the City should be honoring only certain ethnic groups, as there may be groups that are left out. Councilmember Lasman responded that when the resolution was first drafted a couple of years ago she had addressed that issue and the last paragraph was added to be all inclusive. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -17 Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. 01/08/07 -14- Councilmember O'Connor voted against the same. Motion passed. 11u. (FORMERLY CONSENT AGENDA ITEM NO. 7g) RESOLUTION NO. 2007 -18 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mayor Willson stated this item was removed from the Consent Agenda at the request of Councilmember O'Connor. Councilmember O'Connor inquired if this was the one block that was done because it was lower on the water table. Mr. Blomstrom responded affirmatively and explained that it was originally part of the 2002 project but was delayed until 2005. Councilmember O'Connor asked if the contingency costs are paid to the contractor. Mr. Blomstrom responded negatively, and said the contingency funds are paid to various consultants. Mayor Willson stated this project was approved by the City Council, the contractor has completed the work, and this resolution would accept the work performed and make final payment to the contractor. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -18 Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -05 Contract act 2005 -G Twin Lake Avenue Street Storm Drain J � Drainage g and Utility Improvements. rovements. Motion passed unanimously. 11v. (FORMERLY COUNCIL CONSIDERATION ITEM NO. 11s) CONSIDERATION OF PROPOSED SETTLEMENT OF MCES CLAIM (COUNCIL MAY ADJOURN TO EXECUTIVE SESSION FOLLOWING EDA MEETING) City Attorney LeFevere explained the City Council could adjourn to the EDA meeting and then immediately reconvene to consider the proposed settlement of the Metropolitan Council Environmental Services claim. RECESS Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 8:38 p.m. to be immediately reconvened following the EDA meeting. Motion passed unanimously. RECONVENE Councilmember Lasman moved and Councilmember Yelich seconded to reconvene the City Council meeting at 8:41 p.m. 01/08/07 -15- Mr. LeFevere explained that this item is a proposed settlement of a claim brought by Metropolitan Council Environmental Services (MCES). He stated one of the exceptions to the open meeting law is the attorney - client privilege that allows the City Council to meet with its legal counsel in closed Executive Session to discuss privileged, non - public information. RECESS Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:43 p.m. to be immediately reconvened following the Executive Session. RECONVENE Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the City Council meeting at 9:00 p.m. Mayor Willson explained the City Council met in closed Executive Session under the attorney - client privilege to discuss a proposed settlement of a claim brought by Metropolitan Council Environmental Services (MCES). He said no action was taken to resolve the issue and provided instruction to the City Manager to bring the item back for a future Council meeting. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 9:02 p.m. Motion passed unanimously. City Clerk Mayor 01/08/07 -16-