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HomeMy WebLinkAbout2005 07-11 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 JULY 11, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum 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 Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adj ourn the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman offered 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 07/11/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that on July 8, 2005, she attended the Relay for Life which is an annual event in Brooklyn Center. She informed that the event was well attended and lots of money was collected for the cause of curing cancer. Also on July 8, 2005, she sold hotdogs for a fundraiser for the Garden City PTO. On July 9, 2005, she attended the Hmong Fashion and Talent Show at the Brooklyn Center Library. She informed that this was an event with wonderful costumes and the kids did a great Job. Councilmember Niesen reported that she was contacted by a representative from the Southwest Neighborhood who lives in an area that has experienced two recent crime incidents and was informed that they had asked the Police to come to a neighborhood meeting. She informed that she has a call into the Police to follow up on that meeting since she was not able to attend and will bring a report back to the Council. She expressed that she is happy to see the neighbors gathering and becoming aware of situations and that she would like to commend the neighbors for taking action to be ready should these types of incidents reoccur. Mayor Kragness reported that she attended the Hmong Talent and Fashion Show and that she thought the event was spectacular. She informed this was the second annual and that they plan to do this event again next year which she hopes more will attend. Councilmember Lasman informed that she attended the Southwest Neighborhood meeting and g g expressed that she thought the meeting was a good example of a section of town getting together as a neighborhood. Mayor Kragness reported that National Night Out will be on August 2, 2005, and that there will be a Kick Off Event on July 31, 2005, at City Hall from 2:00 p.m. to 6:00 p.m. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the revised agenda and consent agenda. Councilmember O'Connor questioned if the revised agenda would be with the revisions to the minutes. Mayor Kragness responded that the revised agenda would be with the revisions to the minutes (that were previously discussed at the Study Session). Councilmember O'Connor informed that she would like to remove Consent Items 7c, Approval of Site Performance Release for Crossings at Brookwood — 6201 Lilac Drive North and Global Hennepin County Properties, LLC — 2000 Freeway Boulevard, and 7d, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, and have them placed as Consideration Items l Og and I Oh. 07/11/05 -2- Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the June 27, 2005, Study, Regular, and Work Session minutes (with revisions discussed at the Study Session). Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: AMUSEMENT DEVICES Brookdale Mall 1108 Brookdale Mall Denny's Restaurant 6405 James Circle North Scoreboard Pizza 6816 Humboldt Avenue North GARBAGE HAULER Anamax Transportation Corporation 505 Hardman Avenue, South St. Paul Midwest Grease P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano Walters Recycling and Refuse P.O. Box 67, Circle Pines Waste Management — Blaine 10050 Naples Street NE, Blaine MECHANICAL Action Heating and Air Conditioning 8140 Arthur Street, Spring Lake Park Airtemp Heating and Cooling P.O. Box 77, Lakeville Anderson Heating and Air 4347 Central Avenue NE, Columbia Heights St. Marie Sheet Metal, Inc. 7940 Spring Lake Park Road, Spring Lake Park RENTAL Renewal: 507 69 Avenue N (Single Family) - Outreach Six Acres, Inc. 5807 Drew Avenue N (Single Family) - Drew Kabanuk 4216 Lakebreeze Avenue N (I Bldg, 4 Units) - Mark Lee Initial: 6115 Fremont Avenue N (Single Family) - Eugene & Jacqueline Sesonga 6325 Kyle Avenue N (Single Family) - David Kirby 5540 Logan Avenue N (Single Family) - Jeremy Post 7206 West River Road (Two Family, one side) - Jason Ingbretson Motion passed unanimously. 07/11/05 -3- 7c. APPROVAL OF SITE PERFORMANCE RELEASE FOR CROSSINGS AT BROOKWOOD - 6201 LILAC DRIVE NORTH AND GLOBAL HENNEPIN COUNTY PROPERTIES, LLC - 2000 FREEWAY BOULEVARD This item was removed and placed as Consideration Item l Og. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was removed and placed as Consideration Item 10h. 8. PRESENTATIONS 8a. BOB MUSIL, VISIT MINNEAPOLIS NORTH Bob Musil, Visit Minneapolis North, addressed the Council to invite them to an event they have coming up and to discuss Visit Minneapolis North's, which was formerly called the Minneapolis Metro North Convention and Visitors Bureau and the City, budget and deliver a report of organizational activities for the year. Mr. Musil reported that the first half of this year mainly consisted of the repositioning and renaming of their organization and provided a brief history of their organization. He informed they are nearing 20 years and that they have enjoyed their membership with the City. They have dropped 57 display ads in targeted trade publications, attended eleven travel trade and meeting trade shows, conducted three out of state sales missions, and hosted a familiarization tour for nearly 80 high qualified profile meeting and conference planners. Their organization also published an official visitors guide area map and are currently working on the North Metro Area's first comprehensive sports facility guide. As of today their tracking suggests that Visit Minneapolis North has generated a combined 23,000 in sales inquires from consumers, and meeting conference, convention, and event planners. Mr. Musil informed that he will be forwarding a copy of a CD that demonstrates how they are creatively expressing their new name and logo and a variety of advertising messages; and would like to distribute an invitation to an official launch of their new name. 8b. SUSAN BLOOD, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Susan Blood, Northwest Hennepin Human Services Council, addressed the Council to update on what the Northwest Hennepin Human Services Council has been doing in the City this past year and provide a brief history of their Council. She informed that it is important for them to coordinate the networks of service providers which actually have more effective partnerships because they are not directly competing with them. She discussed that one of the things they are working in Brooklyn Center is the Joint Community Police Partnership Program and informed that they had started Head Start, the Crisis Nursery in Golden Valley, and a number of the programs that started here spin off so that the community itself establishes and guides to support those for the region. 07/11/05 -4- Ms. Blood discussed one of the initiatives that they have through Hennepin County has been to do a region -wide human services assessment and this year they are looking at also mapping investments and allocations from Hennepin County to look at where the dollars are directed and where services are delivered. Ms. Blood discussed they have done quite a bit of traffic safety research and statistics through their safe community coalition and that they have a fatality review committee with a traffic engineer. Ms. Blood discussed they have a public safety campaign and work with North Memorial Hospital. This past spring they held a traffic safety event in conjunction with the Earle Brown Elementary School and distributed approximately 100 car seats. Ms. Blood informed that they plan to be a part of National Night Out this year and now that they have moved into Brooklyn Center they are getting involved with Brooklyn Center Business Association. Ms. Blood informed that they are planning in the future to develop a regional block nurse concept and that they have been working with the senior service providers and senior leadership committee. Ms. Blood wished to mention that the City's contribution is essential and important to them. Their budget for 2005 is now approximately $1 Million and from all of the cities that are a part of the joint powers agreement they receive $80,000 total. That $80,000 leverages all of the rest of the money to bring services to the communities in this area. She informed that she will be sending a letter asking for continued support at the same level of 2002. They realize that cities are having a serious issue with Local Government Aid and budget cuts; however, they have not raised their request since 2002. Councilmember O'Connor asked for clarification regarding the starting of Head Start. Ms. Blood responded that it was a while ago through Success by Six and others, but their agency was the one that brought Head Start to this area. Councilmember O'Connor inquired if that was a Federal Program. Ms. Blood responded yes it is a Federal Program. 9. PUBLIC HEARING ITEMS 9a. PUBLIC HEARINGS ON IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 07/11/05 -5- 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Acting City Manager Curt Boganey discussed that there are two related items for public hearings for the Twin Lake Avenue Neighborhood Street, Strom Drainage, and Utility Improvements. The first public hearing is regarding the ordering improvements for the project and the second public hearing is regarding the certification of special assessments for the project. Director of Public Works /City Engineer Todd Blomstrom outlined the project limits, challenges, geotechnical profile, proposed actions, preliminary cost estimates, and the preliminary project schedule. If the Council approves the ordering of improvements for the project, the bid opening is scheduled for August 3, 2005, and it is proposed to have construction start on August 22, 2005, with a substantial completion date of October 31, 2005. Mr. Blomstrom informed that he would like to discuss how the special assessments were calculated. The rates are fixed for Rl zoned single - family homes and when getting into the R2 and R3 zoned multi - family structures there is a formula set for calculating those assessments. That formula for 2002 rates come out to be $32 a linear foot for front footage on property for streets and $10.53 for storm. There is one R4 zoned multi - family property on this project and assessments are proposed. In the Special Assessment Policy, it is not prescriptive on how those special assessments are calculated on R4 through R7 zoned properties. He informed that he reviewed the materials from 2002 and the special assessments were originally calculated before this street was pulled off. They had used a rate of $.29 a square foot for street improvements and $.14 per square foot for storm. That calculation was applied to the R4 property to the east along Lakebreeze Avenue. He informed that he believes there is someone present to discuss the property at 4210 Lakebreeze Avenue and that they have some concerns about the square footage. Councilmember O'Connor questioned if the total project is around $900 and some thousand. Mr. Blomstrom responded yes. She questioned why the resolution mentions $52,346.31. Mr. Blomstrom discussed that it says that amount because as they looked at the funding sources the $52,346.31 is a combination of the street assessment and storm drainage assessment. The City levies these assessments on a ten year basis and if people do not wish to pay them up front, there is a pay back period on these assessments at five and a half percent. The City needs the cash to construct the project this year and there has to be a source to get that money and then finance it over the ten year period. I I 07/11/05 -6- Councilmember O'Connor inquired if bonds are required or if there are local sources within the City's budget to get this money. Mr. Blomstrom discussed that typically bonds are required and that they are at a rate where the homeowner pays back over the ten year period, then paid to the City, and then the City pays the bond off. She questioned if the Council approves this resolution would it approve the total project for $900,000. Mr. Blomstrom responded yes and cautioned that this would be approving to move forward with the project. The next step will be going out forbids and then he would bring back the bids and the actual cost of what the project would be at that time. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005-104 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Doug Schultz, 4759 Twin Lake Avenue, addressed the Council to express that he believes that Mr. Blomstrom has done a fine job on explaining the project and why residents had this three year delay and that he would like to have the soil borings discussed. Mr. Blomstrom discussed that he can only speak with what is on paper and what he has been told since because he was not with the City in 2001 and 2002. There are soil borings in the files which show a low water table. Someone back in 2001 used those soil borings to make a decision and thought they would be able to get the water main installed without dewatering which was not correct. This is an unfortunate case and a major inconvenience for the residents in the area; however, there is no way to prove those soil borings were wrong. Mr. Blomstrom informed that the scope of this project has not significantly increased and the sub cutting, placement of lightweight aggregates, drilling of the water main, drilling of the water services, is nothing new. That was proposed as part of the original project. 07/11/05 -7- Councilmember Niesen expressed that she believes things are going forward with the changes in the Public Works Department and that she hopes things will only continue to improve. Mr. Schultz readdressed the Council to inform that he believes a big concern was with the communication during the two year period and the fact that they were not aware of what was going to be happening with the project. Bobbie Simons addressed the Council and informed that she lives in Brooklyn Park; however, owns the property at 4210 Lakebreeze Avenue North. She distributed and discussed a letter informing the Council that she is objecting to the proposed special assessments for the property at 4210 Lakebreeze Avenue North. She informed that she had a copy of the parking agreement easement that was described during her discussion of the letter. Mr. Blomstrom discussed that the proposed assessments are the same that they were for 2002 and that the formula is a square footage basis of the property. He informed that he has not had a chance to see if there had been any exceptions for other R4 properties and cannot speak to the fact if there has ever been any exceptions. I Councilmember Carmody questioned Ms. Simons why she keeps the easement. Ms. Simons discussed that it was part of the purchase agreement. City Attorney Charlie LeFevere asked if a copy of the parking agreement easement could be provided and discussed that it is not unlikely that the property is subject to a parking easement for the benefit of the neighbor. He suggested that if the Council would like to adopt the proposed assessments they could do so and recommended pulling Ms. Simons assessment from the roll to be certified at this time. This would allow time for the parking agreement easement to be reviewed and Ms. Simons' assessment could be brought back to the Council at the next meeting or first meeting in August. The Statute is set up for a procedure to take care of these kinds of objections when they are raised by pulling them off the assessment roll allowing for an individualized review of the property. Councilmember O'Connor asked if it is possible that one of the properties that are going to be assessed should pay more because they are using the property for parking spots and if this is approved tonight can it be changed in the future to pay part of Ms. Simons' assessment. Mr. Blomstrom informed that was part of a discussion earlier; however, this is the only R4 zoned property with assessments proposed. Councilmember Niesen asked if a situation like this has ever been encountered. Mr. Blomstrom responded that it is not an unusual situation and Mr. LeFevere added that almost all properties are subject to easements. Those easements limit what can be done with the property. The process of levying special assessments of this kind almost always involves the application of a formula and that formula is intended to approximate the special benefit that is the increase of fair market value that results in the construction of improvement. 07/11/05 -8- A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005 -105 Councilmember Lasman introduced the following resolution and moved its adoption with the removal of 4210 Lakebreeze Avenue North and to continue the public hearing on this property to the August 8, 2005, meeting: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. CONSIDERATION OF THE CITY'S WELL HEAD PROTECTION PLAN Mr. Boganey discussed that the City is required to implement a Well Head Protection Plan and this is a requirement of the State and Federal Safe Drinking Act. This evening a public hearing will be held to receive comments regarding the proposed Well Head Protection Plan and following the public hearing, the plan itself will be revised or reviewed. The actual plan would then come back to the Council at a future meeting for consideration and adoption. Mr. Blomstrom outlined a PowerPoint Presentation discussing the City's Well Head Protection Plan background, phases one and two, capture zones, protection area, objectives and actions, public education, well management and inventory, storage tanks, and storm water management. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. Councilmember Carmody asked if the plan has to be coordinated with Brooklyn Park since they are part of the area included in the plan. Mr. Blomstrom responded yes that would be correct and staff has forwarded copies of the plan to Brooklyn Park and Maple Grove for their review. 07/11/05 -9- Councilmember O'Connor asked if there was water coming in from the Mississippi River that is getting into the City's wells. Mr. Blomstrom responded yes there is eventually and that the area is branched out much farther to the west and that is because the direction of ground water flow is from west to east. The pumping rate at the City's wells and how they are arranged actually does draw some water from underneath the Mississippi River. She inquired what kind of soil is in the area. Mr. Blomstrom discussed that Brooklyn Center does have susceptible soils and it is not that there is contamination in there; it is the fact that the City has very sandy soils in this portion of the metro area and water percolates quickly. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE Councilmember Carmody read the resolution expressing recognition of and appreciation for the dedicated public service of the Earle Brown Days Committee. She informed that this year T.G.I. Friday's joined in with the car show and helped with donating a lot of gift certificates. Brookdale Mall stepped forward and helped out with the Ice Cream Social. Others that helped out this year were Bremer Bank, the Lions Club, and the Fire Relief Association. Mayor Kragness expressed that she would like to have a resolution expressing appreciation to those companies /organizations that have stepped forward for Council approval at the next meeting. She asked Councilmember Carmody to get a list to the Deputy City Clerk. I RESOLUTION NO. 2005-106 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. PROCLAMATION DECLARING JULY 10-16,2005, TO BE COMMUNITY ACTIVITIES, RECREATION, AND SERVICES WEEK Mayor Kragness read the Proclamation Declaring July 10 -16, 2005, to be Community Activities, Recreation, and Services Week. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt the Proclamation Declaring July 10 -16, 2005, to be Community Activities, Recreation, and Services Week. Councilmember O'Connor voted against the same. Motion passed. 07/11/05 -10- Me. PROCLAMATION DECLARING JULY 24 THROUGH 30, 2005, TO BE LIBERIAN INDEPENDENCE WEEK Mayor Kragness read the Proclamation Declaring July 24 Through 30, 2005, to be Liberian Independence Week. A motion by Councilmember Carmody, seconded by Councilmember Niesen to adopt the Proclamation Declaring July 24 Through 30, 2005, to be Liberian Independence Week. Councilmember O'Connor questioned if the City knows what independence this is that they are celebrating. Mayor Kragness responded that this would be Liberia itself. Councilmember O'Connor expressed that she hopes all people treat Liberians fairly and equally as residents of Brooklyn Center. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER Mr. Boganey discussed that the City Manager's salary has not been adjusted during the current year. The Legislature recently adopted a modification to the current Statute that allows for an increase in the maximum salary that a municipal employee may earn. This resolution would authorize an amendment to the City Manager's Contract for a salary increase in an amount that is essentially equal to the three percent increase that had been previously approved by all of the City employees. This would be an adjustment that would take effect in 2005 and includes an increase in 2006. Councilmember Niesen expressed concern about some of the information that was received from the Work Session (materials dated June 20, 2005). She had requested more current information and that information was provided dated July 6, 2005. She informed that she made some calls and she believes that some of the information that the Council is looking at is not presented in a clear manner and not all correct. She asked that this item be tabled until Mr. McCauley is present to discuss this issue. Mayor Kragness noted she believes the materials that were provided by Mr. McCauley came from the League of Minnesota Cities Salary Program that is available to the different cities. Councilmember Niesen expressed that there is a lot she would like to discuss in general regarding this issue and believes that the way this is presented presents a picture that is not exactly correct from the phone calls that she made to other cities. She would like to be able to go over the numbers with Mr. McCauley and in general talk about the salary issue. She is not comfortable with approving a large increase in salary without participation from Mr. McCauley. Councilmember Niesen made a motion to table this resolution, seconded by Councilmember O'Connor. 07/11/05 -11- Council and Mr. Boganey discussed the July 6, 2005, memorandum that was provided and in question by Councilmember Niesen. Councilmember Niesen expressed she feels that Mr. McCauley should be present to discuss the numbers that had been prepared and that she would like to table this resolution. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Carmody discussed that she would have been in favor of tabling this resolution if she thought there was more problems than deferred compensation. She believes the numbers are accurate enough and is not a factor in determining Mr. McCauley's salary. RESOLUTION NO. 2005-107 Councilmember Carmody introduced the following esolution and moved its adoption: g p RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor inquired about the language included in the fourth paragraph of the resolution with regards to non -union employees and questioned if that meant just non -union employees that got this three percent raise. Mayor Kragness responded that she believes that each of the unions were a bit different. Mr. Boganey discussed that the three percent in each of the two years was the amount that went to non -union employees. The increases that went to unionized employees was similar if not equal amount. Councilmember O'Connor inquired about the monthly car allowance discussed in the addendum to the contract. Mr. Boganey discussed that it is State Law that governs the maximum salary that the Council may pay to an employee and the Council elected to discontinue the monthly car allowance effective July 1, 2004, with reimbursements to be made at a rate consistent with Internal Revenue Service Regulations. Councilmember Niesen discussed that this is an important issue to her and she still has some concerns with the memorandum from June 20, 2005. If the Council would like to move this resolution this evening she would like to continue discussions regarding her concerns about the salary cap. She outlined the salary cap information and expressed her disappointment with the statement about the deferment of salary. Mayor Kragness discussed that she believes that holding off on the salary was pertinent at that time because it would have made a big difference in compensation. 07/11/05 -12- Councilmember Niesen expressed that she believes there was no good purpose served by deferring discussion of Mr. McCauley's salary. From this point on she plans to request that once the City Manager's review is done, the meeting following that review, the Council should work on the salary issue. She does not believe she was told nor does she recall it being in the minutes that the Council was going to wait to discuss his salary until the Council found out it could pay him more. Councilmember O'Connor made a motion to amend the salary to one percent, $113,833 for 2005, and $114,971 for 2006, seconded by Councilmember Niesen. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Niesen made a motion to amend the salary to $114,288 for the 2005 and in 2006 increase the salary to $116,000. She would like to do this based on the fact that there are cities in the survey that are $110,000 $105,000 $107,000 and $111,000 and the proposed salary for Mr. McCauley is going to be in the top bracket. Motion seconded by Councilmember O'Connor. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember O'Connor asked that the typo in the addendum to the City Manager's contract be amended to August 1, 2005, on number one, third paragraph. Councilmembers Niesen and O'Connor voted against the original motion which was to adopt the resolution. Motion passed. 10e. RESOLUTION PROVIDING FOR THE TRANSFER OF PROPERTY TO OTHER UNITS OF GOVERNMENT AND DISPOSAL OF PROPERTY HAVING NO MARKET VALUE Mr. Boganey discussed that this resolution would authorize the City Manager to dispose of certain surplus and unneeded property because it is no longer of value to the City of Brooklyn Center. This combines previously adopted resolutions that had been adopted by the City Council that again authorizes the City to dispose of this particular type of equipment. Councilmember O'Connor inquired "who any party willing to receive the property" would be with regards to the language on page two of the resolution. Mayor Kragness responded that Project P.E.A.C.E. and the Minnesota Computers for School Refurbishing Program are some of the parties. Mr. Boganey added that Project P.E.A.C.E. has expressed an interest and they are a joint powers organization that the City is a part of and he believes that they are probably the likely recipient of this seven year old computer equipment which is obsolete. He added that number three in the resolution is important and that the resolution should be corrected to read 2a and 2b. Councilmember O'Connor asked what would happen if they did not dispose of it properly. Mr. Boganey responded that would not be something the City could control once the transfer of property has taken place; however, he believes that anyone the City would consider would not be that type of agency. 07/11/05 -13- RESOLUTION NO. 2005-108 Councilmember Carmody introduced the following resolution and moved its adoption with the correction to page two, number three to read 2a and 2b: RESOLUTION PROVIDING FOR THE TRANSFER OF PROPERTY TO OTHER UNITS OF GOVERNMENT AND DISPOSAL OF PROPERTY HAVING NO MARKET VALUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10L RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. Boganey discussed that this resolution would authorize plans to proceed with the Twin Lake Avenue Street, Storm Drainage, and Utility Improvements. RESOLUTION NO. 2005-109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FORBIDS, IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked if the MPCA would need to approve this before the project can take place. Mr. Boganey responded that he believes they do have to review and approve it before it before the project can go forward. Staff would like to get on a dual track so that the City can take the bids at the same time they are reviewing the plans and specifications. This may at some point require, if they suggest changes, an addendum to the final bids and specifications. Motion passed unanimously. log. APPROVAL OF SITE PERFORMANCE RELEASE FOR CROSSINGS AT BROOKWOOD - 6201 LILAC DRIVE NORTH AND GLOBAL HENNEPIN COUNTY PROPERTIES, LLC - 2000 FREEWAY BOULEVARD 07/11/05 -14- Councilmember O'Connor asked for clarification regarding this approval. Mr. Boganey responded that at the time these projects were approved there were cash escrows set aside to assure completion of the projects. These projects have been completed and this would be to authorize the release of monies. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve performance guarantee releases Crossings at Brookwood (6201 Lilac Drive North) and Global Hennepin County Properties, LLC (2000 Freeway Boulevard). Motion passed unanimously. 10h. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Councilmember O'Connor discussed that according to the City's Ordinance she believes that this is to be done once a year. Mr. LeFevere discussed that the assessment is a later step and that is done in the fall with all assessments put on the property taxes if it is not paid. The resolutions are a step of ordering the trees to be removed and if property owners have not paid by September they will be levied as special assessments against the property. She inquired if the Council needs to be doing this resolution at the meeting or does the ordinance already say that this is a public nuisance and the trees should be removed. Mr. LeFevere discussed that generally a public nuisance is a declaration made by the Council otherwise there is no formal order to do anything. This is an opportunity for the Council to say it is or is not a nuisance. The ordinance could be set up to be done at an administrative level; however, this warrants the Council having an opportunity to look at it on an agenda. RESOLUTION NO. 2005-110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Carmody., Councilmember Niesen discussed that she reviewed the ordinance and outlined portions of Section 20 -301 and 20 -304. She inquired when a tree is infected does it always mean that they have to be removed; and expressed that she would be in favor of not taking so many trees if a way could be found to prevent it. Mr. Blomstrom discussed that he has talked to the City's Forester and believes that there is not a tree saving method for Dutch Elm disease. He informed that a majority of these trees are Dutch Elm diseased trees and that he could supply with future resolutions which trees are infected by Dutch Elm disease. 07/11/05 -15- Councilmember Niesen informed that she had talked with Xcel Energy about their tree trimming policy. She was told that they have a vegetation management division and if persons are concerned about portions of trees being removed they may contact this division at 612 -215 -4512 to make a complaint. Councilmember O'Connor voted against the same. Motion passed. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 9:17 p.m. Motion passed unanimously. N4t� City Clerk Maydr 07/11/05 -16-