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HomeMy WebLinkAbout2005 08-08 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 AUGUST 8, 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 City Manager Michael McCauley, 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. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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 City Manager Michael McCauley, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 08/08/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported that she attended the Diversity Festival in Central Park on July 31, 2005; and in her neighborhood they had a National Night Out potluck on August 2, 2005. Councilmember Lasman reported that on July 27, 2005, she attended the unveiling of the new name of the Convention and Visitors Bureau, which is now Visit Minneapolis North; on July 28, 2005, she attended the National Night Out Coloring Contest Winner Awards at the Police Department; on July 31, 2005, she attended the National Night Out Kickoff Event; on August 2, 2005, she attended a Town Meeting hosted by the City of Brooklyn Park and National Night Out parties. Councilmember Carmody reported that she attended the Diversity Kickoff and participated in National Night Out on August 2, 2005. She attended a League of Minnesota Cities policy meeting about improving local economies and topics of discussion were tax increment financing, railroad crossings, utility right -of -ways, etc. It was agreed upon at this meeting that the biggest issue this year for the League of Minnesota Cities is going to be the various Bills that will be introduced regarding the eminent domain case that was before the Supreme Court. Councilmember Niesen reported that she enjoyed National Night Out this year since she had not been able to attend the past couple years and wished to express thanks to Lieutenant Scott Nadeau and Jordan (a Brooklyn Center Explorer). She informed that she encouraged people to come to meetings members mentioned t gs when they could be involved; and that Crime Prevention me ers ment o that funds were down because of the smoking ban, hoping people could kick in extra money for the crime prevention fund. Mayor Kragness reported that she attended the Visit Minneapolis North Event and on August 28, 2005, she attended the Business Association Luncheon. On July 30, 2005, she attended the Liberian Independence Ball. She wished to note that Wilfred Harris, who was the President of the organization Liberians of Minnesota, had left the area and that he will be missed. She informed that the Brooklyn Center Safety Camp and the Chamber of Commerce Luncheon with Representative Ramstad will be comin g p u this week. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda with the amended July 25, 2005 Study Session minutes. Motion passed unanimously. � 08/08/05 -2- 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the July 25, 2005, Study, Regular, and Work Session minutes. 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 Regal Cinemas 6420 Camden Avenue North MECHANICAL Abrahamson Heating 214 4` Street, Procter New Mech Companies 1633 Eustis Street, St. Paul Sabre Heating and A/C 3062 Ranchview Lane North, Plymouth Wise Ref and Heating and Air 21800 Woodbine Street, Anoka RENTAL Renewal: 3706 55`' Avenue North (Single Family Group Home) - Mainsl Properties 4700 -02 68 Avenue North (Two Family) - Kristina and Michael Bowe 542872 d Circle North (Single Family) - Joseph Ditto 5916 Aldrich Avenue North (Single Family) - Jay Prussman 5801 Ewing Avenue North (Single Family) - Yesinde Idowu 1519 Humboldt Place (Single Family) - Suburban Properties 1525 Humboldt Place (Single Family) - Suburban Propertis 6637 Xerxes Place (Single Family) - Douglas Finch Initial: 3913 France Place North (Single Family) - Betty Nelson SIGN HANGER All Brite Signs Inc. 13325 Commerce Boulevard, Rogers Signcrafters Outdoor Display 7775 Main Street NE, Fridley Motion passed unanimously. 8. PUBLIC HEARING ITEM 8a. SPECIAL ASSESSMENT FOR 4210 LAKEBREEZE AVENUE NORTH — RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 16279 TO PROVIDE FOR THE REDUCTION OF CHARGES TO PARCEL ID NO. 10- 118 -21 -32 -0062 08/08/05 -3- City Manager Michael McCauley discussed this assessment was continued from the original hearing and that this resolution would propose an amended special assessment levy to 4210 Lakebreeze Avenue North. The materials that were received from the City Attorney and Mr. Peterson indicate that they reviewed the objection raised by the property owner and the proposal before the Council this evening for an amended amount is roughly equivalent to what the other multifamily homes were charged. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Bobbie Simons, 4210 Lakebreeze Avenue North, addressed the Council and informed that she was fine with the reduced amount from $6,172.20 to $4,800.20. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005 -116 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 16279 TO PROVIDE FOR THE REDUCTION OF CHARGES TO PARCEL ID NO. 10- 118 -21 -32 -0062 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION APPROVING SECTION 22 OF ARTICLE 2 OF CHAPTER 152 OF THE LAWS OF MINNESOTA 2005 — USE OF TAX INCREMENT FINANCING Mr. McCauley discussed that in 2004 the Council requested the City's Legislative delegation to seek an extension of the period of time within which increment activities could occur in Tax Increment Financing (TIF) District No. 3. This passed in 2004 but since there was not a Tax Bill it died. It was reintroduced in 2005, did pass, and was signed by the Governor as a Special Bill that requires approval by the City Council. Councilmember O'Connor inquired if the City ever stops TIF Districts and normal taxes are collected. Mr. McCauley responded yes and discussed that TIF No. 1 is on the verge, if it has not expired; TIF No. 2 expires in 2010; TIF No. 3 expires in 2020; and TIF No. 4, he believes expires in the same period of time, if not a little earlier. 08/08/05 -4- Councilmember Niesen inquired if this resolution is about allowing the City to use the proceeds for TIF purposes, but does not mean the City necessarily will. Mr. McCauley responded that is correct and discussed that the length of the district was not extended, simply the period of time within which activities could occur. She asked by having the authorization to do that, how long does the City have to spend the money, or decide not to spend the money. Mr. McCauley responded the first part of 2008, or to incur obligation. The bonds are separate and the proceeds have to be spent on qualifying expenditures by the end of 2007. If they are not spent the remaining proceeds would have to be used to retire the debt and if not all the bond proceeds were spent, what most likely would happen, is it would be put into a sinking fund and that would retire the debt on the bonds sooner. Councilmember O'Connor inquired what this money is if this money is not bonds. Mr. McCauley responded this allows the collection of increment and /or the expenditure of increment for qualifying purposes through the first part of 2008 and would allow for example, entering into a pay as you go agreement, if there was a new development in TIF District No. 3. She inquired what would happen if this was not passed. Mr. McCauley responded that if this is not passed, then the only funds that can be expended in TIF No. 3 would be the bond proceeds that were issued in December of 2004. Councilmember Niesen inquired if TIF No. 3 needs to be contiguous and if this was one that was created when that was not the case. Mr. McCauley responded that the district has to be contiguous generally speaking, and that this district is a little different than most districts. She inquired about the money and taxes that comes into TIF No. 3. Mr. McCauley discussed that the technical part is the value is frozen, so as a tax rate would increase, the tax rate increase would be applied against the base value. She inquired if the City is accruing that in a fund and if that is the money being talked about spending. Mr. McCauley responded that is correct and that he believes there is roughly $5 Million plus accumulated. RESOLUTION NO. 2005-117 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION 22 OF ARTICLE 2 OF CHAPTER 152 OF THE LAWS OF MINNESOTA 2005 — USE OF TAX INCREMENT FINANCING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 9b. RESOLUTION RECOGNIZING REPRESENTATIVE DEBRA HILSTROM FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER Councilmember O'Connor inquired what Representative Hilstrom did with Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005. Mayor Kragness discussed Representative Hilstrom and Senator Scheid worked for two years on getting this passed at the Legislature so TIF District No. 3 could be extended. 08/08/05 -5- RESOLUTION NO. 2005-118 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING REPRESENTATIVE DEBRA HILSTROM FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 9c. RESOLUTION RECOGNIZING SENATOR LINDA SCHEID FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 2005-119 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING SENATOR LINDA SCHEID FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 9d. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING AMENDMENT OF MINUTES Mr. McCauley discussed that Councilmember Carmody had requested drafting a proposed amendment with respect to requiring amendments to minutes be in writing prior to the beginning of the meeting or else tabled. Councilmember O'Connor informed that she would like to table until the City Manager adds Councilmember Niesen's ideas and answers some of the questions that she brought up about this. Councilmember O'Connor moved to table this resolution, seconded by Councilmember Niesen. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Carmody asked Councilmember Niesen to clarify what language is objectionable. Councilmember Niesen expressed that she would like to be able to copy the page that is in question and bring forward for discussion without having to put language in writing and would like to eliminate the language "setting forth text of the proposed amendment' 08/08/05 -6- Councilmember Carmody expressed she does not believe that it is an important part of staff's job to try and figure out what was said and or try and remember it in terms of the corrections made. She does not think it is asking too much to have corrections written down and expressed that she is agreeable to not necessarily having complete text in writing. She believes that the Council is spending a lot of extra time on the minutes and that it is not necessarily making them better minutes. Mayor Kragness discussed that she believes the purpose for this is for clarification for the Secretary and the Council. If it is in written form, the Council can debate it at that time. She believes that it is important to do something like this because the Council is spending a lot of extra time on the minutes and it is never intended to be verbatim. Councilmember Lasman expressed that she believes having amendments in writing will help to get a clear amendment and would be helpful to clarify what the Council is trying to get done. She supports the proposal and would be amenable to getting rid of the language "setting forth the complete text of the proposed amendment" and suggested that the language be written to say "the proposed amendment has to be presented to the Council in written form ", with leaving the language "including any proposed deletion of text" as is. City Attorney Charlie LeFevere discussed that he believes the intent of this was not necessarily to preclude discussion of what the appropriate minutes should be, but rather focus attention. If the Council were following Robert's Rules of Order, the Council would not have any discussion on anything until there was a motion on the floor. Once a motion is on the floor and seconded, the Council can have discussion on that motion, and that motion can be amended. He suggested the Council may wish to consider the language in the proposed amendment to read: "No motion to amend the draft minutes included in the City Council packet will be in order unless the proposed amendment has been presented to the City Council in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text. The motion will not be entertained unless provided in written form and in sufficient copies for all City Council members, the Deputy Clerk, and City Manager by 6:00 p.m. on the date of a regular City Council meeting." Councilmember Lasman discussed that she believes the only problem with that is the Council discusses the minutes at the Study Session where motions are not made. If the discussion has to start at the motion, that eliminates the ability to work on the amendments at the Study Session. Councilmember Niesen expressed that she believes the third paragraph does not add value, she does not like the Wednesday deadline, and that the second paragraph needs to be amended since it is a given that the amendments can automatically be tabled. Councilmember Niesen asked what the implication is if the handbook provision is not adhered. Mr. McCauley discussed that with respect to that type of rule, it is similar to Robert's Rules of Order and the Council's conventions as to how the Council wishes to operate. The Council can always suspend policies and there is no legal requirement that the Council follow that particular policy. 08/08/05 -7- Councilmember Lasman made a motion to move the resolution with striking the text about setting forth the complete text and indicate in written form. Mr. McCauley suggested that if the Council would like to do that, they may wish to have the resolution redrafted. Councilmember Lasman noted that she believes this would be the only change that is appropriate. Councilmember Lasman withdrew her motion to move the resolution and made a motion to table the resolution until the next meeting to allow for the resolution to be redrafted, seconded by Councilmember Carmody. Motion passed unanimously. 9e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REQUIRING A PERMIT FOR LAND DISTURBING ACTIVITIES Mr. McCauley discussed that the National Pollutant Discharge Elimination System (NPDES) permit process has been a process in which requirements continue to evolve and become more stringent over time. The City is required to adopt additional land disturbing activity regulations that govern construction site activities at which construction is occurring to prevent materials from entering into the storm water system. Councilmember Niesen inquired what happens if someone violates this. Mr. LeFevere discussed that there are many enforcement options that are available by Law and really no different than the City's Zoning Code. She inquired if what has been written in this ordinance is only for Brooklyn Center. Mr. LeFevere discussed that he would characterize this as sort of a minimum approach. The City is required as part of its permitting process to demonstrate to the Pollution Control Agency (PCA) that the City has the authority to enforce these kinds of ordinances and this ordinance is being tailored to meet the minimum requirements of the PCA. Councilmember Niesen asked if there would be a new form or if this would be part of an existing form. Mr. McCauley discussed that the person who wants to apply for the permit has to supply the City with a plan and this describes what has to be in the plan. She inquired if this would contradict anything else the City has going. Mr. McCauley responded no and Mr. LeFevere added that there is probably some overlap with some Planned Unit Developments (PUD); however, the developer would not have to supply the information twice. She asked what if a PUD does not have all of the things included with this proposed ordinance. Mr. LeFevere discussed that the applicant needs to work with City staff and get the necessary approvals for all requirements. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on September 12, 2005. 08/08/05 -8- Councilmember O'Connor asked what the City has for Best Management Practices. Director of Public Works /City Engineer Todd Blomstrom discussed that in 2003 the City was required to get permit coverage and a book full of Best Management Practices was created. She asked if the City uses that and if Mr. Blomstrom uses them for this own work. Mr. Blomstrom responded that staff had prepared them and that he does use them. She inquired what some of the practices would be for storm water runoff. Mr. Blomstrom discussed the six sections that included public education/outreach measures; public participation and involvement measures; list of discharge detection and elimination measures; construction site storm water runoff control measures; post construction storm water management measures; and pollution prevention/good housekeeping measures. Motion passed unanimously. 9L RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2005-120 Councilmember Carmody 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 by Councilmember Lasman. Mayor Kragness noted that these trees are all Elm trees that are diseased. Councilmember Niesen inquired if there was anything that could be done to help healthy trees from becoming diseased. Mr. Blomstrom discussed that it is a hard thing to track and the best practice is to get the diseased trees down immediately. Mayor Kragness inquired if the City has had 246 diseased trees this year. Mr. Blomstrom outlined the history of trees that had been taken down in the past years which included 2000, 214; 2001,152; 2002, 153; 2003, 345; and 2004, 377. Councilmember O'Connor voted against the same. Motion passed. 08/08/05 -9- 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:07 p.m. Motion passed unanimously. �,�- — — City Clerk Mayo i I i 08/08/05 -10-