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HomeMy WebLinkAbout2007 02-12 CCM Regular Session I 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 FEBRUARY 12, 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, Community Development Specialist Tom Bublitz, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Willson opened the meeting for the purpose of Informal Open Forum. Lin Myszkowski, 3106 O'Henry Road, stated concern with violence in the community and the effects on the children of the community. She discussed the recent events and asked the City to explore ways to help the community cope with the recent acts of violence. She distributed a copy of the School Board's Strategic Plan. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Councilmember O'Connor offered a moment of silence as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 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, Public Works Director /City Engineer 02/12/07 -1- Todd Blomstrom, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, 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. 6. COUNCIL REPORT Councilmember Ryan reported attending the Annual League of Minnesota Cities Conference for newly elected officials on January 26 and 27. He reported attending a training session for the Local Board of Equalization and Appeal conducted by the Minnesota Department of Revenue intended to help the City Council execute its function as the Board of Equalization and Appeal. Councilmember Lasman reported attending the Special Events Committee meeting on January 25 and February 1 as the final plans were made for the Brooklyn Center Birthday Party /Awards Night which was held on February 3 and attended by approximately 131 people. She reported attending the North Hennepin Chamber of Commerce Board Meeting regarding the future of Highway 610, the Devil's Triangle, and the North Hennepin fund raising event. She reported attending the Gala at the Earle Brown Heritage Center on February 2 where she met many business owners and managers. She reported attending the Legislative Breakfast on January 27 in Crystal where many municipal elected officials were in attendance. She reported attending the February 3 Town Meeting at the Community Center where Senator Scheid, Representative Hilstrom, and Representative Nelson were in attendance. Councilmember Yelich stated he had nothing to report. Councilmember O'Connor reported attending the Legislative Breakfast in Crystal where p g g rY Senators, State Representatives, and local officials were in attendance. Mayor Willson reported attending the breakfast with the Twin West Chamber of Commerce, lunch with the City of Brooklyn Park Mayor Steve Lampi, and the Special Events Committee meeting on January 25. He reported attending the Leadership Conference for newly elected officials on January 26 and 27. He commended Director of Fiscal & Support Services Dan Jordet for his presentation that he gave at the Leadership Conference. He reported attending the North Hennepin Chamber Winter Gala Ball and the 96 Birthday Celebration. He reported attending the Lions Club Waffle Breakfast and the Town Meeting with the Legislators. He reported attending a meeting at the Adult Education Center where Osseo, Hennepin County, and CEAP, along with representatives were in attendance. He reported having lunch with Bob Musil from Visit Minneapolis North and reported meeting with School District 286 Superintendent Keith Lester. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Yelich moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, with amendments to the January 22, 2007 — Regular Session minutes and with the addition of Item No. 11 f. and the following consent items were approved: 02/12/07 -2- 7a. APPROVAL OF MINUTES 1. January 22, 2007 — Study Session 2. January 22, 2007 — Regular Session 3. January 22, 2007 — Work Session 7b. LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Avenue North Cutting Edge Pet Care Inc. 4900 France Avenue North MECHANICAL Air Tech Inc. 4918 W. 35' St, St. Louis Park Michal's HHH Inc. 2779 161 St Ave NW, Andover Quality Heating, A/C & Appliance 16798232 nd Ave, Big Lake SR Mechanical 7320 Oxford St, #200, St. Louis Park RENTAL Renewal 1200 67 Ave N (1 Bldg, 18 Units) Tom Morrow 1 Auto Theft (There were no calls for service for the following) 52162 "d Ave N (Single Family) Curtis & Cheryl Hawkins 6124 Emerson Ave (Single Family) Nicholas Lewis 5440 Humboldt Ave N (2 Family, 1 Unit) Chad Kulzer 5818 Humboldt Ave N (Single Family) Richard Olson 6137 Lee Ave N (Single Family) Ben Cleve Dossman IV 5344 Twin Lake Blvd E (Single Family) Takasi Sibuya 7169 Unity Ave N (Single Family) Angelique Brown Initial (There were no calls for service for the following) 450163 rd Ave N (Single Family) Augustine Obinwa 5819 Dupont Ave N (Single Family) Tiet Nguyen 5400 France Ave N (Single Family) Joseph Dorbor 7124 Newton Ave N (Single Family) Gary Hanagan SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway 7c. RESOLUTION NO. 2007 -24 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE 2007 SUMMER FUN SQUAD AND YOUTH SPORTS PROGRAMS Motion passed unanimously. 02/12/07 -3- 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING 9a. IMPROVEMENT PROJECT NOS. 2007-05,06,07 AND 08, RIVERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION NO. 2007 -25 ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR 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 presented a PowerPoint presentation that summarized the following information: Public Improvement Process, Scope of Project, Public Utilities, Street Reconstruction, Specific Elements of Project, Willow Lane Side Walk, Riverwood Proposed Street Lights, Storm Water Quality Management, Rain Garden Criteria, Proposed Project Funding, Special Assessment Payment Options, Subdividable Lots, Preliminary Project Schedule, and Recommended Council Action. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Rita Bilek, 6858 Dallas Road, stated concern for the easement on her property and the property line in conjunction with Dallas Road. She proposed making Dallas Road a dead -end road, installing rain gardens and a one -way for emergency vehicles. Mr. Blomstrom explained that the City owns the parcel in question and recommended that the roadway be maintained. Dan Engel, 7206 Willow Lane, inquired about the due date of the assessments. Mr. Blomstrom responded that the assessments could be paid in full between March 1 and September 30 without interest and paid between October 1 and November 29 with interest. Diane Sannes, 7006 Willow Lane, thanked the City Council for the improvement consideration and stated she is looking forward to the completed improvements. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 02/12/07 4- Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -25 Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2007 -05, 06, 07 and 08, Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements. I There was discussion on the funding sources for the rain gardens where it was indicated that each rain garden will cost approximately $5,000 and will be funded by the Storm Drainage Fund. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION NO. 2007 -26 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007 -05 AND 06, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Harold Gabriel, 7118 Riverdale, asked that his property be removed from the list for consideration of the size of the property. Eric Hjelmberg, 7124 Riverdale, asked that his property be removed from the list for consideration of the size of the property. David Berg, 6842 West River Road, asked that his property be removed from the list for consideration of the size of the property. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -26 Certifying Special Assessments for Improvement Project Nos. 2007 -05 and 06, Riverwood Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. It was the majority consensus of the City Council to remove the following properties from the assessment list so that further review can take place: 7206 Riverdale Road, 7200 Riverdale Road, 7118 Riverdale Road, 7124 Riverdale Road, and 6842 West River Road. Councilmember O'Connor voted against the same. Motion passed. 02/12/07 -5- 9b. PROPOSED USE OF 2007 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1. RESOLUTION NO. 2007 -27 APPROVING PROJECTED USE OF FUNDS FOR 2007 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. Boganey introduced the item and explained the Community Development Block Grant Program. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. LeAnn Santana, Real Co -op Daycare, Osseo asked the City Council to consider other ways to help low income families such as child care assistance. Steven Kline, Executive Director of LEAP, discussed those who are assisted by the CEAP Program. He stated the organization receives donations for meals and raises money through donations. Jo Walter, Director of HOME Program, discussed services provided in Brooklyn Center. She stated concern for the lack of funding for assistance to seniors. Councilmember Yelich moved and Councilmember O'Connor seconded to close the Public Hearing. Motion passed unanimously. A discussion on organizations serving Brooklyn Center was held where the desire to continue to support the three organizations that the City has in the past three years was expressed. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -27 Approving Projected Use of Funds for 2007 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Regret was expressed that the City does not have adequate resources to help all organizations. Councilmember O'Connor expressed opposition to federal and county funding to charities so that counties and cities can take care of themselves. Councilmember O'Connor voted against the same. Motion passed. 02/12/07 -6- 9c. ORDINANCE NO. 2007 -01 AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING THE DISPLAY OF DECORATIVE BANNERS Mr. Boganey introduced the item and discussed the purpose of the Ordinance to amend Chapter 34 of the City Code of Ordinances. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. Katelyn Goth, representative of Lang Nelson, asked for clarification of the language proposed in regards to a particular banner which she displayed. Mr. Boganey explained that Ms. Goth should consult staff for interpretation of the ordinance. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded adoption of ORDINANCE NO. 2007 -01 Amending Chapter 34 of the City Code of Ordinances Regarding the Display of Decorative Banners. There was a discussion on the proposed ordinance and the types of prohibited banners that are included. Motion passed unanimously. 9d. ORDINANCE NO. 2007 -02 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 introduced the item and discussed the purpose of the Interim ordinance. Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. 02/12/07 -7- Councilmember Lasman moved and Councilmember Ryan seconded adoption of ORDINANCE NO. 2007 -02 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 There was a discussion on the use of moratoriums. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS There were no Planning Commission Items to be considered. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION NO. 2007 -28 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC SIGNAL DESIGN SERVICES, IMPROVEMENT PROJECT NO. 2007 -01, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET IMPROVEMENTS Mr. Boganey introduced the item and explained the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2007 -28 Authorizing a Professional Services Agreement for Traffic Signal Design Services, Improvement Project No. 2007 -01, Freeway Boulevard and Shingle Creek Parkway Street Improvements. Motion passed unanimously. llb. RESOLUTION NO. 2007 -29 CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item and discussed the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -29 Calling for a Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts Motion passed unanimously. llc. AN ORDINANCE RELATING TO CRIMINAL BACKGROUND CHECKS AT RESIDENTIAL RENTAL PROPERTIES; AMENDING CITY CODE SECTION 12 -914 Mr. Boganey introduced the item and discussed the purpose of the proposed ordinance. 02/12/07 -8- Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for March 12, 2007. Motion passed unanimously. lld. RESOLUTION NO. 2007 -30 AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM AND NAMING A CITY REPRESENTATIVE TO THE ADVISORY COUNCIL Mr. Boganey introduced the item and those retirement enhancement and benefit alternatives being proposed. There was discussion on the proposal where it was indicated that future healthcare savings to the City is expected. It was also indicated by Director of Fiscal & Support Services Dan Jordet that the funds would be assigned to medical expenditures and dedicated to the employee with a balance transfer from year -to -year. He stated the funds are available to the employees after retirement. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007 -30 Authorizing the City Manager to Execute a Joint Powers Agreement for Participation in the Retirement Enhancement and Benefit Alternatives Program and Naming a City Representative to the Advisory Council. Motion passed unanimously. lle. RESOLUTION NO. 2007 -31 APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2007 -2008 Mr. Boganey introduced the item and discussed the proposed contract and distribution of funds. Councilmember O'Connor moved to amend the salary rate to: 3% increase on January 1, 2007, no increase on July 1, 2007, 3% increase on January 1, 2008, and no increase on July 1, 2008. Motion failed for lack of a second. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -31 Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Years 2007 -2008 Councilmember O'Connor voted against the same. Motion passed. 11L RESOLUTION NO. 2007-32 REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING IN 2007 There was discussion on the item and it was the majority consensus of the City Council to amend the bullet point "An increase in the gas tax" to "A reasonable increase in the gas tax." 02/12/07 -9- Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007 -32 Requesting Comprehensive Road and Transit Funding in 2007. Support for the proposed was expressed and it was indicated that additional funding is needed for road and transit improvements. Councilmember O'Connor expressed an objection to the increase for funding of road and transit. Councilmember O'Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 8:56 p.m. Motion passed unanimously. City Clerk Mayor 02/12/07 -10-