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HomeMy WebLinkAbout2005 09-26 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 SEPTEMBER 26, 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, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Roger Kloster, 7223 Lee Avenue North, addressed the Council regarding the September 21 storm, and inquired when the emergency sirens sound. He stated he was concerned about the unannounced solicitors for contract services that were trying to take advantage of the situation. Mayor Kragness said the tree contractors need to be registered with the City; however, with regard to other contract services, residents need to check them out with the State or Better Business Bureau before hiring them. Jeanette Messersmith, 5340 Queen Avenue North, addressed the Council regarding the rental license fees for duplexes. She requested special consideration when the owner lives in one side of the duplex. She reviewed her expenses with rental property and asked for the Council to consider modifying its fees. Councilmember Carmody said the Council would be discussing this issue at its Work Session which follows the Regular Session meeting and suggested she stay for that discussion. Rex Newman, 3107 61 st Avenue North, addressed the Council and distributed an update on Comcast and Northwest Community Television. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 09/26/05 _1 _ 2. INVOCATION Father Jimmy Pham, St. Alphonsus Parish, 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 7:00 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/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported she attended the Housing Commission meeting. She said the Housing Commission suggested that the City Watch resident newsletter contain an article on housing ordinances and that there could possibly be a pamphlet for new homeowners. She stated that one of the Commissioners had reported that there are rapes and drug dealing going on behind the Humboldt Square Shopping Center and suggested more lighting back there. She said that when she informed the Housing Commission about the issue regarding vehicles in yards being sent to the Planning Commission for review, the Housing Commission indicated that it had already completed the work regarding vehicles in yards and reported back to the Council. She said one of the Housing Commissioners inquired about its composition and wondered if it was being phased out, what its future is, and wants direction from the Council for next year. She said she would like to bring back the information that the Housing Commission presented to the Council regarding vehicles in yards, and she doesn't think the Planning Commission needs to study this issue. She reported her attendance at the Northwest Community Television ( NWCTV) Open House. She said the federal government wants to put more competition into cable companies, which may hurt the local issues. She said there will be a resolution that NWCTV would like the cities to support, and she will provide a copy to be distributed to Council Members. She said she is grateful for all the work that has been done by the emergency management team and City staff members after the September 21 storm, and she thanked the residents for getting their wood picked up and to the curb. Councilmember Lasman reported that on September 15 she attended the first Special Events Committee meeting. She said the Committee meets to prepare for the annual birthday party and community awards which will be held on February 4 at Earle Brown Heritage Center. On 09/26/05 -2- September 20, she attended the Park and Recreation Commission meeting. She said the Commission is reviewing the Capital Improvement Program for a five -year park plan; discussing new definitions for Community Center memberships, which will be more inclusive and give a better reflection of our families in Brooklyn Center; giving consideration to resident versus non - resident fees for some of the heavily used programs and use of park shelters. Councilmember Carmody reported she was still without power at her home and that she had hauled a lot of brush. Councilmember Niesen reported she enjoyed the September 14 Council retreat, which helps the Council work better as a team and they work on setting goals. She expressed her condolences to the storm victims. She thanked the City staff for their response, and asked residents to offer suggestions for emergency response. Mayor Kragness expressed her appreciation to City crews for clearing streets and working through this situation. She said there was a letter prepared to be mailed to every home in the City and hopefully residents will be getting it soon. She expressed her appreciation to the residents for quickly removing their tree debris, and hopes that there could be a plan to reforest the City again. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, removing the September 12, 2005, City Council Regular Session Minutes from the Consent Agenda to Council Consideration Item No. 8i and adding a presentation on the storm damage update after the Consent Agenda. Motion passed unanimously and the following consent items were approved: 7a. APPROVAL OF MINUTES September 12, 2005, Study and Work Session. 7b. LICENSES MECHANICAL C B Heating & Air 18851 165 Street NE, Foreston Suburban Air 1290 B Osborne Road NE, Fridley PRIVATE KENNEL Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 420065 th Avenue North (Single Family) Desi Klempay 3618 Commodore Drive (Single Family) Tou Thao 09/26/05 -3- 5825 Dupont Avenue North (Single Family) Pal Ac Yang 5707 Emerson Avenue North (Single Family Lois Front 6801 Fremont Place North (Single Family) Olamiyi Kuku 6342 Lee Avenue North (Single Family) Timothy Cioni Initial: 522465 th Avenue North (Single Family) Nick Morris 5712 Bryant Avenue North (Single Family) Shoua Vang 5800 Drew Avenue North (Single Family) Noah Lindsey 7c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07, AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE NORTH AND EARLE BROWN DRIVE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS — RESOLUTION NO. 2005-141 7.5 PRESENTATION Mr. McCauley showed a PowerPoint presentation on the storm damage update and presented the following information: • approximately 16,500 Brooklyn Center customers lost electric service on September 21 • there were still 2,278 properties without power as of 4:25 p.m. on September 26 • Xcel Energy anticipates that a majority of service will be restored by 11 p.m. on September 26 • restoration was delayed due to the number of power poles that were damaged • electrical power restored to 8 of 9 water supply wells and all sanitary sewer pumping stations • all City traffic signals repaired and operating - additional repairs will follow • if residents could please remove leaves and debris from the storm sewer grate along the curb in front of their home to prevent street flooding • debris clean -up sweep done in the far northwestern and far southeastern corner of the City, now concentrating east of Brooklyn Boulevard moving east to the Palmer Lake area and the western portion of the southeastern neighborhood, when additional equipment is available, the clean -up will continue from the river area to the west • owner of former Jerry's New Market site has allowed the City to use the site as tree debris drop -off site for residents • materials will be ground and turned into wood chips, then hauled away and burned for electricity • all tree debris cut into twelve -foot or shorter segments and should be placed at the street curb by October 10 • Public Works will establish clearing schedule; the City is receiving some mutual aid from other cities • residents should report street light damage to Public Works • residents can resume normal water usage Councilmember Carmody said there are a number of tree trimming services driving through the neighborhoods price gauging. She inquired who is liable if a person is hurt on the property. City 09/26/05 -4- Attorney Charlie LeFevere responded that as independent contractors they are not employees, and you would not be liable unless you caused or created a dangerous situation or wrongful act. 8. COUNCIL CONSIDERATION ITEMS 8a. PROCLAMATION DECLARING OCTOBER 2005 AS TOASTMASTERS MONTH Mayor Kragness read a Proclamation Declaring October 2005 as Toastmasters Month. Councilmember Carmody moved and Councilmember Lasman seconded adoption of a Proclamation Declaring October 2005 as Toastmasters Month. Councilmember O'Connor voted against the same. Motion passed. 8b. PROCLAMATION DECLARING OCTOBER 9-15,2005, TO BE FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK Mayor Kragness read a Proclamation Declaring October 9 -15, 2005, to be Firefighter Recognition and Fire Prevention Week. Councilmember Carmody moved and Councilmember Lasman seconded adoption of a proclamation Declaring October 9 -15, 2005, to be Firefighter Recognition and Fire Prevention Week. Motion passed unanimously. 8c. RESOLUTION APPROVING AMENDMENT TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BY -LAWS — RESOLUTION NO. 2005 -142 Mr. McCauley said the Council received the Van Iwaarden report last year and approved a resolution that increased the Fire Department Relief Association pension benefit level to $6,000 per year of service. He said the resolution also directed a review of the lump sum benefit in August 2005 since the benefit level is below the maximum amount of $7,500. He said there has been movement on one of Springsted's recommendations to have greater liquidity that would provide a present ability to fund pension payouts without having to potentially suffer from market fluctuations in the same fashion as if they were fully invested in mutual funds and stocks. He stated the risk to the City is that the City is required to make up deficiencies. He said the analysis indicates that based on current projections, the City should be able to sustain an increase. He introduced Deputy Chief Kent Korman. Deputy Chief Korman showed a PowerPoint presentation and reviewed the requirements of serving as a firefighter and the Fire Department's statistics. He reviewed the pension history, noting that the Fire Department does not pay its firefighters run pay for responding to fire and emergency calls because the City has allowed the Fire Department to increase its lump sum benefit to the maximum 09/26/05 -5- i allowed by State Statutes. He said the City has not had to contribute to the pension since 2002. He stated that an increased pension helps the department retain volunteer firefighters. He asked for Council support and endorsement of the request in the increased pension, and said the actuary supports the increase of the benefit amount without additional costs to the City. Councilmember O'Connor inquired if this is a one -time lump sum payment. Deputy Chief Korman responded affirmatively and explained that full pension is with 20 years of service and those serving between 10 and 20 years receive a reduced pension, payable at age 50. He explained there are some retired firefighters and widows who receive pension under the previous pension system, which is a monthly payout. Councilmember Niesen asked if the rates change each year, does the pension accumulate based on the rate per year or at the current rate. Mr. McCauley responded the person would receive the current rate at the number of years of service. Councilmember Niesen inquired if the pension fund is pooled with other agencies. Mr. McCauley responded it is a single Relief Association. Councilmember Niesen inquired if it is a requirement or option to take the lump -sum pension payment. Deputy Chief Korman responded that the pension plan for active firefighters is only lump - sum. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -142 Approving Amendment to the Fire Department Relief Association By -Laws. Motion passed unanimously. Sd. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES RELATING TO PARKS AND RECREATION Mr. McCauley said this item is a recommendation of the Park and Recreation Commission. He stated there are some minor housekeeping changes to make the terminology consistent with current departmental structures and to add trails and waterway to the definition of "Parks and Open Spaces." He said the more significant change is in park closing hours, with the recommendation of parks closed 10:00 p.m. to 5:00 a.m.; currently it reads, "l0 p.m. to 6 a.m. or one -half hour before sunrise, whichever is earlier ", which can be confusing. Councilmember Lasman moved and Councilmember Niesen seconded approval of first reading of An Ordinance Amending Chapter 13 of the City Code of Ordinances Relating to Parks and Recreation and set second reading and Public Hearing for October 24, 2005. Motion passed unanimously. 09/26/05 -6- 8e. RESOLUTION AUTHORIZING AMENDMENT #1 TO PERSONAL /PROFESSIONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER — RESOLUTION NO. 2005-143 Mr. McCauley said the Council previously authorized an agreement with Hennepin County to participate in a joint project that involves training cadets and diversity outreach that is also jointly being undertaken with Brooklyn Park. He said it was anticipated that it would be a multi -year grant, but what Hennepin County sent previously was effective only through 2005 and this would be an amendment to extend it through December 2007. There was discussion regarding the scope of services, hiring and training of cadets, and joint participation with Brooklyn Park. Councilmember Lasman moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2005-143 Authorizing Amendment #1 to Personal/Professional Service Agreement Between the County of Hennepin and the City of Brooklyn Center. Motion passed unanimously. 8f. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON- CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902, AND 35 -111 Mr. McCauley stated that some months ago there was a proposal from the Community Development Department with respect to rental dwellings and a registration system for those units that were in an R1 zone that were being used in an R2 fashion. He said Mr. LeFevere has reviewed the ordinance as well as the question relating to when a non - conforming use or structure is discontinued. He said the review of that indicated to eliminate one of the proposals that had been presented last spring. He stated a structural non - conformity is maintained by virtue of the fact that the structure remains in non - conformance (i.e., traditional duplex). He said the proposal before the Council eliminates that prior suggestion of a registration system for non - conforming uses and simply clarifies that if an applicant withdraws their license request, there fee is refunded after deducting costs incurred to the point of withdrawal. He said it also incorporates language from State Statute relating to a time period of 180 days within which to apply for a building permit in the event that 50% of the non- conforming use is damaged. Councilmember Niesen said she supports this ordinance amendment She said she would also like to continue some of the work that she submitted to the Housing Commission with regard to the homestead issue and the memo that she gave to the Council reviewing definitions of duplex and rental as it relates to people who have homesteaded their property. Mr. McCauley responded that he believes the Council needs to sort out the direction they want to give in terms of that discussion and debate. 09/26/05 -7- Councilmember Lasman moved and Councilmember Niesen seconded approval of first reading of An Ordinance Relating to Rental Dwellings and Non - Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111 and set second reading and Public Hearing for October 24, 2005. Motion passed unanimously. 8g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES — RESOLUTION NO. 2005-144 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -144 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. 8h. 2005 CITY COUNCIL MEETING SCHEDULE Mr. McCauley said it was planned to have the utilities budget discussion at the October 3 City Council Budget Work Session; however, with the time spent on the storm clean -up and the continuation of the clean -up, there has not been time for the Director of Public Works to put the materials together for that discussion.. He said he requests cancellation of the October 3 Budget Work Session and said there will be a review whether it is advisable to suggest a November 7 Budget Work Session or to combine this with the already scheduled November 21 Work Session. Councilmember Lasman moved and Councilmember Carmody seconded canceling the October 3, 2005, City Council Budget Work Session. Motion passed unanimously. 8i. (FORMERLY CONSENT AGENDA ITEM NO. 7A.2) SEPTEMBER 12, 2005, CITY COUNCIL MEETING MINUTES Councilmember Carmody moved and Councilmember Lasman seconded to amend Council minutes to read that the Mayor introduces the resolutions and list whichever Council Member moves the adoption. Councilmember O'Connor said that usually the Mayor asks the City Manager to introduce the item. Mayor Kragness said that she reads each item and then requests information from the City Manager. Councilmember O'Connor voted against the same. Motion passed. 09/26/05 -8- 9. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:09 p.m. Motion passed unanimously. City Clerk 0 MayorO I 09/26/05 -9-