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Home My WebLink About2006 01-09 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 JANUARY 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 Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:46 p.m. 2. INVOCATION Mayor Kragness offered a prayer for 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 Michael McCauley, Assistant City Manager Curt Boganey, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 01/09/06 - 1 - 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman stated she attended the Southeast Neighborhood meeting on December 14, 2005. She reminded everyone of the Opportunity Site Open House on January 25, 2006. She stated she will not be attending the Opportunity Site Open House due to a prior commitment. Councilmember O'Connor stated she attended an Open House for the Northbrook Shopping Center area. Mayor Kragness stated there are vacancies on the Brooklyn Center Financial Commission in which the application deadline is January 31, 2006. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested removal of Item No. 7e, Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group and Item No. 7f, Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations from the consent agenda. Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7e and Item No. 7f from the Consent Agenda to Council Consideration Item No. 11 h and Item No. 11 i and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. December 12, 2005 — Study Session 2. December 12, 2005 — Executive Session 3. December 12, 2005 — Regular Session 4. December 12, 2005 — Work Session 5. December 22, 2005 — Special Session 7b. LICENSES BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle FIREWORKS Cub Foods 3245 County Road 10 Target Corporation 6100 Shingle Creek Parkway Dollar Saver 6090 Shingle Creek Parkway 01/09/06 -2- GASOLINE Perfect Car Wash #504 6849 Brooklyn Boulevard B.C. Municipal Garage 6844 Shingle Creek Parkway Christy's Auto Service 5300 Dupont Ave North Humboldt Shell 6840 Humboldt Avenue North Metropolitan Transit 6845 Shingle Creek Parkway Holiday Stationstores, Inc #292 420 66 Ave North Iten Chevrolet Company 6701 Brooklyn Boulevard Osseo - Brooklyn Bus Company 4435 68 Avenue North MECHANICAL Discount Appliance Repair 1455 91 Ave NE, Blaine Residential Heating & Air 1815 E. 41 Street, Minneapolis Sterling Design 2205 US Hwy 8, St. Croix Falls Total Refrigeration Systems 949 South Concord Street, St. Paul PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL Renewal Basswood Apts 4450 58 Ave James Lupient Carrington Drive Apts 1302 -08 69 Ave N 6910 -20 Humboldt Ave Myra Chazin Beard Ave Apts 6101 Beard Ave Ken Phelan 6331, 6401 -25 Beard Ave Clover Management 5308 Emerson Ave N Philip Anderson 5801 Knox Ave N David Trepanier 4207 Lakeside Ave N #226 Beach Condo's Association Initial 380062 n1 Ave N Fabian Rodriguez 4204 Lakebreeze Ave N Donald Nieken SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway GameStop #535 6068 Shingle Creek Parkway GameStop #1704 1307 Brookdale #76 01/09/06 -3 - TOBACCO Perfect Car Wash #504 849 Brooklyn Boulevard Humboldt Shell 840 Humboldt Avenue North Hark's Company 501 Humboldt Avenue North Brooklyn Center Conoco 505 69 Ave North Holiday Stationstores, Inc #292 20 66 Ave North Holiday Stationstores, Inc #2099 890 Shingle Creek Parkway Crowne Plaza 200 Freeway Boulevard Walgreen Company #04320 390 Brooklyn Boulevard Value Food 804 Humboldt Avenue North Royal Tobacco 625 Xerxes Avenue North S &I Tobacco LLC 6930 Brooklyn Boulevard Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard Dollar Saver 6090 Shingle Creek Parkway 7c. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER — RESOLUTION NO. 2006-01 7d. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS — RESOLUTION NO. 2006-02 Motion passed unanimously. 8. APPEARANCE — JONETTE ZUERCHER, NORTHWEST HENNEPIN FAMILY SERVICES COLLABORATIVE, PRESENTATION ON HELPING US GROW HOME VISITING PROGRAM AND YOUTH CONNECTIONS PROGRAM Melody Hansen, 6200 West Broadway, Brooklyn Park explained that the Helping Us Grow program is an universal home visiting program that is geared towards families who are expecting, adopting, or have just delivered a baby. She stated it is a collaborative effort from many organizations and stated her goal to share information and seek support. She discussed the growth of the program and stated in 2005 Brooklyn Center had 487 live births, of which, the HUG program saw 29 %. She stated of the 29% of families visited, 55% were seen by a public health nurse, 45% were seen by the Department of Families and Children in their home. She stated the goal of the program is to maximize the growth in the first few years of life. She stated the desire to include information about the program in the City's Newsletter and or the City's website. She explained the marketing of the program, word of mouth being the most important marketing tool. Councilmember O'Connor responded by asking where funding for the program comes from. Ms. Hansen explained that funding is received partially from the Public Health Department, the County, and grants. Councilmember O'Connor responded by stating that government money should not be used to tell people how to raise their kids and asked what the families are being told. Ms. Hansen explained that only information, guidance, and resources are given. She explained that the program is voluntary and gifts are given to the families. 01/09/06 -4- 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 I -94 AND 69TH AVENUE NORTH) —THIS ITEM WAS FIRST READ ON NOVEMBER 14,2005; PUBLISHED IN THE OFFICIAL NEWSPAPER ON NOVEMBER 24, 2005; AND OFFERED FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 12, 2005, AT WHICH TIME IT WAS TABLED UNTIL THE FINAL PLAT HAS BEEN FILED. City Manager McCauley stated the plat has not been filed and requested that the Public Hearing be reopened and the Ordinance be tabled until the January 23, 2006 City Council meeting. Councilmember Lasman moved and Councilmember Carmody seconded to reopen the Public Hearing. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to table 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) and continue the Public Hearing until the January 23, 2006, City Council meeting. Motion passed unanimously. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2005 -018 SUBMITTED BY SPIRITUAL LIFE MINISTRIES. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO ESTABLISH A BIBLE COLLEGE AND FOR SITE AND BUILDING PLAN APPROVAL FOR A 7,583 SQ. FT. ADDITION TO THE SPIRITUAL LIFE CHURCH, 6865 SHINGLE CREEK PARKWAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 15, 2005, MEETING. Mr. McCauley explained that the request is to expand the facility. He stated the Planning Commission has recommended approval. He displayed an aerial view of the property. Planning and Zoning Specialist Ron Warren explained that the property is zoned Cl, Educational Uses, Post Secondary, or known as Special Uses. He stated the addition will be made to the upper floor of the Southeast corner, totaling 7,500 sq feet. He explained that the addition will consist of classrooms and office space for the bible college. He stated no other site improvements are proposed and the Planning Commission has recommended approval subject to six conditions. 01/09/06 -5- Councilmember Lasman inquired of the accreditation of the Association for Biblical Higher Education and if it were a State approved organization. Pastor Joseph Fornara, 6865 Shingle Creek Parkway, stated the Association for Biblical Higher Education is a licensed and recognized accredited association under the Department of Education, however is not associated with the State of Minnesota. He stated it is the affiliation with the Department of Education and their requirements that has caused the necessity of the plan. He stated in order to meet the general education requirements of an accrediting association, more professors, an updated library facility, and additional secular courses will be needed in the future. Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2005 -018 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. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city Engineering Department. 5. The special use permit is granted for a bible college within the meaning of an educational use as provided for in Section 35 -320, Subdivision 3d of the City's zoning ordinance. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS — RESOLUTION NO. 2006-03 Mayor Kragness asked Councilmember Carmody to read the resolutions while she distributed the certificates. 01/09/06 -6- Councilmember Carmody read the resolution expressing recognition and appreciation of the following members who have served on City commissions: Donna Allard, NWHHSC Advisory Commission 02/28/05- 07/26/05 Mary Barrus, Housing Commission 04/22/02 - 03/09/05 Eric Berns, Planning Commission 06/27/05- 12/10/05 Craig Hauger, Park and Recreation Commission 12/08/03 - 03/15/05 Rex Newman, Planning Commission 09/09/96 - 12/31/05 Lawrence Peterson, Financial Commission 10/25/93- 12/31/04 Dianne Reem, Planning Commission 02/22/93- 06/16/05 Earl Simons, Financial Commission 08/23/04 - 12/31/05 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -03 Expressing Recognition and Appreciation of Members who have Served on City Commissions. Motion passed unanimously. 11b. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness requested ratification of the following reappointments to City Advisory Commissions: Financial Commission Donn Escher 3107 65th Avenue North Housin a Commission Judy Thorbus 6265 Brooklyn Drive David Johnson 3500 Admiral Lane Park and Recreation Commission Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road Planning Commission Rachel Lund 4502 58th Avenue North, #301 Timothy Roche 816 69th Avenue North Northwest Hennepin Human Services Council Advisory Commission Audrey Harris- Blount 3429 53rd Avenue North, #106 Northwest Suburbs Cable Communications Commission Rex Newman 3107 61st Avenue North 01/09/06 -7- Councilmember O'Connor stated she would like to postpone the commission appointments until January 31, 2006, so that other parties can apply. Councilmember Carmody responded due to current vacancies and the time served by current members, postponing the reappointments would not be appropriate. Mayor Kragness stated current members have shown great interest and have provided good service, therefore they should be reappointed. She added that the openings are always advertised. Councilmember Carmody moved and Councilmember Lasman seconded to ratify the above Mayoral nominations. Councilmember O'Connor voted against the same. Motion passed. 11C. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES FOR OTHER ORGANIZATIONS FOR 2006 Mayor Kragness requested ratification of the following to serve as liaisons to City Advisory Commissions and as City representatives for other organizations for 2006: Commission/Omanization Council Member Financial Commission Kay Lasman Housing Commission Kathleen Carmody Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Diane Niesen League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Myrna Kragness and Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody Mpls. Metro North Convention &Visitors Bureau Myrna Kragness North Hennepin Chamber of Commerce Myrna Kragness Councilmember Lasman moved and Councilmember Carmody seconded to ratify the above Mayoral nominations. Councilmember O'Connor stated opposition to the City paying for memberships to both the League of Minnesota Cities and the Association of Metropolitan Municipalities due to the City being over budget in 2005. She stated according to the Charter, the City should not have a Park and Recreation Commission or a Housing Commission along with other boards /commissions and the Council should be doing the work of those boards /commissions. She inquired as to why the Planning Commission does not have a liaison. City Manager McCauley explained that the City of Brooklyn Center's boards /commissions are that of advisory only, the Charter is referring to boards /commissions that have authority. He further explained that the Planning Commission is required by State law and it is only tradition that there is no liaison. 01/09/06 -8- Councilmember Niesen suggested that the City Council discuss having a liaison for the Planning Commission. Mayor Kragness responded it has not been necessary to have a liaison to the Planning Commission in the past. Mr. McCauley explained why state law requires a Planning Commission. Councilmember Lasman stated a liaison is not necessary because sufficient reports are received from the Planning Commission. Councilmember O'Connor voted against the same. Motion passed. lld. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested ratification of Councilmember Lasman as Mayor (President) Pro Tem and Councilmember Carmody Acting Mayor (President) Pro Tem. Councilmember O'Connor asked if Councilmember Lasman had been the Mayor Pro Tem in the past and suggested someone new be given a chance. Mayor Kragness responded that the Mayor Pro Tem is determined by the number of votes during the election. City Manager McCauley explained that the Acting Mayor /President Pro Tem would be the most senior Councilmember in the absence of both the Mayor and Mayor Pro Tem. He stated the Charter provides that the City Council chooses from its members, the President Pro Tem who serves as the President in the Mayor's absence. Councilmember Lasman moved and Councilmember Carmody seconded ratification of Councilmember Lasman as Mayor (President) Pro Tem and Councilmember Carmody Acting Mayor (President) Pro Tem. Councilmember O'Connor asked Councilmember Niesen if she would like to be the Mayor Pro Tem. Councilmember Niesen responded if she were to be asked, she would accept because cross training is important. Councilmember O'Connor voted against the same. Motion passed. Ile. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER — RESOLUTION NO. 2006-04 Mayor Kragness read the Resolution Declaring Commitment to the Brooklyn Center City Charter. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -04 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 01/09/06 -9- 11L RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2006 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS — RESOLUTION NO. 2006-05 City Manager McCauley stated the Public Hearing is proposed for February 13, 2006. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -05 Calling for a Public Hearing on Proposed Use of 2006 Urban Hennepin County Community Development Block Grant Funds. Councilmember O'Connor asked that a representative of Hennepin County be present at the Public Hearing to answer questions regarding the allocation of funds. Councilmember Carmody responded by suggesting that the questions be submitted prior to the meeting so that answers can be provided, rather than requiring someone to attend the meeting. Mayor Kragness stated materials will be distributed to the City Council detailing the allocation of funds. Motion passed unanimously. 11g. COUNCIL MEMBER NIESEN: REQUEST FOR REIMBURSEMENT FOR PURCHASE OF LEADERSHIP INSTITUTE RECORDINGS FROM 2005 AND 2004 NATIONAL LEAGUE OF CITIES CONFERENCES Councilmember Niesen stated she attended the National League of Cities Conference and explained that a half day seminar costs $100 and a full day seminar costs $160. She explained that the total cost to send her to the seminar was $2,500. She discussed the various sessions that were available and the value of them. She stated this was the first year that recordings of the seminars were available. She explained that sending someone to all of the classes included on the CD's would cost $2,300 excluding airfare. She stated the goal was to return with the recordings of the seminars and share with other Councilmembers. She stated she had the opportunity to purchase two years worth of seminars for $396.80. She explained that she called the City Manager while at the seminar who explained that in previous similar situations, reimbursement was denied. She stated she made the decision to purchase the materials and that it is the City Council's choice as to whether her family will absorb the cost or if she will be reimbursed. Mayor Kragness stated opposition to reimbursement due to lack of authorization. She stated Councilmember Niesen was to report back to the City Council with the information she obtained while attending the sessions. She stated recordings of the seminars have been offered for many years. Councilmember Carmody stated if the City Council had decided to develop a training library prior to Councilmember Niesen's attendance at the conference, she would have been in favor of reimbursement. She stated she is not in favor of reimbursement because the materials were purchased without a discussion or prior consent. Councilmember Lasman stated agreement with Mayor Kragness and Councilmember Carmody and added that a library of information from seminars would be a waste of money in the long run due to changes in legislation that make information current for only a short time. 01/09/06 -10- Councilmember Niesen stated she feels that it is the City's future leaders that will lose in this situation. She stated there is no policy regarding this situation and other Councilmembers have acted alone in different situations. She said that considering the low airfare she was able to secure, plus savings in transportation and some food costs, the $396 cost of the CD -ROMs was covered. 11h. FORMERLY CONSENT AGENDA ITEM NO. 7E. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP — RESOLUTION NO. 2006-06 Councilmember O'Connor asked for clarification of the purpose of the Board of Directors of Hennepin Recycling Group. City Manager McCauley tated the group operates the recycling program for three cities. Y g Y Y gp g g p p Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -06 Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group. Motion passed unanimously. iii. FORMERLY CONSENT AGENDA ITEM NO. 7F. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS — RESOLUTION NO. 2006-07 Councilmember O'Connor stated the best way to honor and respect the citizens of Brooklyn Center is to allow them to live their lives the way they choose, without interference. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -07 Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Motion passed unanimously. 12. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. City Clerk Mayo 01/09/06 - 11 -