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HomeMy WebLinkAbout2005 11-28 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 NOVEMBER 28, 2005 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, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, 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. Informal Open Forum closed at 6:46 p.m. 2. INVOCATION Mayor Kragness offered a moment of silence 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, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 11/28/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she attended the Budget Work Session with the Financial Commission. Councilmember Carmody stated on November 17, 2005, she attended the League of Minnesota Cities Regional Meeting and an AMM Annual Meeting where transportation and transit funding and the Constitutional Amendment regarding transportation and transit funding were discussed. She stated examples of insurance claims of local cities and the cost of such, along with a video on individual verses council authority were presented. She stated the next morning she visited the Twin Lake Chamber of Commerce to listen to two speakers. She stated she also attended the Budget Work Session with the Financial Commission. Councilmember Lasman stated on November 15, 2005, she attended the Park and Recreation Commission Meeting where it was indicated that the Adopt -A- Garden program is supported and all gardens will be adopted. She stated discussion regarding park shelter program fees for residents verses non residents was held. She stated on November 16, 2005, she attended a crime prevention meeting. She stated the Police Department will be hosting Community Meetings in February to give residents the opportunity to discuss concerns with the Police Department. She stated on November 16, 2005, she attended the Block Watch Captains Award Meeting. She stated on November 21, 2005, she attended the Budget Work Session with the Financial Commission. She discussed the Holly Sunday that will be held on December 4, 2005, in the Community Center. Councilmember /Commissioner Niesen explained that the goal of the City Council should be to approach decision making with an overall framework. She stated the debating of facts should be reduced, rather shift the debate to opinions. She stated that use of a checklist should help ensure that key points of an issue do not get overlooked. She stated concern that decisions with large financial impacts are rushed and suggested that items with impact greater than I% of the General Fund Budget be reviewed by the City Council twice, unless it is an emergency. She explained the following steps on the Decision Making Flowchart/Checklist: 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen requested removal of Item No. 7d Resolution Amending The 2005 Central Garage Budget to Provide for the Early Order /Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles from the Consent Agenda. 11/28/05 -2- Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7d from the Consent Agenda to Council Consideration Item No. 10c and amendments to the October 24, 2005 Regular Session and November 14, 2005 Work Session minutes as discussed in the Study Session and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. October 24, 2005 — Regular Session 2. November 14, 2005 — Executive Session 3. November 14, 2005 — Study Session 4. November 14, 2005 — Regular Session 5. November 14, 2005 — Work Session 7b. LICENSES CHRISTMAS TREE SALES LOT Malmborg's, Inc. 5120 N Lilac Drive MECHANICAL Expert Air and Heating 107 West Central Street, Lonsdale 7c. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 — RESOLUTION NO. 2005-169 Motion passed unanimously. 8. PUBLIC HEARING 8a. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY EXCHANGE LICENSE SUBMITTED BY MONEY CENTERS HOLDINGS LLC, 6219 BROOKLYN BOULEVARD — RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO MONEY CENTERS HOLDINGS LLC, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA — RESOLUTION NO. 2005-170 City Manager Michael McCauley explained that the establishment has been licensed for several years and the State of Minnesota requires a public hearing for the approval of the license. He stated there have been no problems with the license. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. 11/28/05 -3- No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -170 Authorizing Issuance of a Currency Exchange License to Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. Councilmember O'Connor asked why a Public Hearing is required. Mr. McCauley stated the State of Minnesota issues the license and therefore requires a Public Hearing. He stated the City Council has the potential to deny the license, however the establishment has been operating with fewer calls to the Police Department than most banks. After being questioned regarding the number of police calls, Mr. McCauley explained that he only mentioned the number of police calls to show there have been no problems. He further explained that this operation actually catches fraud incidents and informs the authorities, which is seen as a positive call to the Police Department. He stated the number of calls to the Police is only reviewed because they hold a license. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2005 -017 SUBMITTED BY INDUSTRIAL FUND I, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF FREEWAY BOULEVARD AND JAMES AVENUE NORTH (1600 -1700 FREEWAY BOULEVARD) INTO TWO LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 17, 2005, MEETING. City Manager Michael McCauley explained that currently there are two separately addressed commercial warehouse type properties that have two distinct owners, who wish to separate by platting and subdividing into two lots. He stated the Planning Commission has reviewed and recommends approval. He explained that the proposal does not change anything other than allowing two owners to have separate parcels with appropriate cross access easements, to use for maintenance and operation. Councilmember Niesen asked if the request is strictly a matter of legality. Planning and Zoning Specialist Ron Warren stated the subdivision ordinance stated the platting process is required for all subdivisions. He stated this proposal meets all minimum requirements, and cross access agreements will allow them access from one property to another. He stated there would be no disadvantages to the City, if approved. 11/28/05 -4- He also stated separate sewer services will be required if not already in place. Mr. Johnson, Applicant Attorney stated their Engineer is 90% certain that the sewer system is separated and if not, it will be separated at the owner's expense. Councilmember Carmody asked how the cross accesses will work. Mr. Warren stated an agreement would be in place that would allow cross access between the two properties. He stated the necessary agreement will be reviewed by the City Attorney before it is brought to City Council for final approval. He stated the cross access document would be filed with the title of both properties. Councilmember Lasman moved and Councilmember Carmody seconded to approve Planning Commission Application No. 2005 -017 Submitted By Industrial Fund I, LLC. Request For Preliminary Plat Approval to Divide the Property Located at the Northeast Corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) Into Two Lots subject to the following conditions recommended by the Planning Commission: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Ten foot wide drainage and utility easements shall be indicated around the perimeter of the properties as recommended by the City Engineer. 4. Appropriate cross access agreements, in a manner approved by the City Attorney, shall be executed and filed with the final plat. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. 2006 CITY COUNCIL MEETING SCHEDULE Mr. McCauley stated the meeting schedule proposed for 2006 continues to have Regular City Council Meetings on the second and fourth Mondays of each month. He stated in 2006, there are no Monday holidays that would conflict. He mentioned the other meetings on the schedule. Councilmember Carmody moved and Councilmember Lasman seconded to adopt the 2006 City Council Meeting Schedule. Councilmember Lasman inquired about a possible joint meeting with the Commission Chairs whereas liaisons were going to poll their commissions about interest in meetings. Mr. McCauley responded the schedule would be amended once those meetings are scheduled. Motion passed unanimously. 11/28/05 -5- 10b. 2006 UTILITY, STREET LIGHT, AND RECYCLING RATES Mr. McCauley explained that the Utility Rates have been reviewed and the proposal would increase Water and Sanitary Sewer by 4% with no increase to the Stormwater Utility Rates until a study is completed in 2006. He stated the Street Light Utility Rate is proposed to increase by 3 %, in order to continue operations and to provide some of the funding associated with the replacement of streetlights, especially in connection with the neighborhood projects. He stated the City is reviewing the Sanitary Sewer and Water Utility Rates and anticipate additional discussions in 2006. He stated the proposed 4% increases are designed to assist in funding the replacement of Sanitary Sewer and Water Utility lines in connection with the neighborhood street reconstruction projects, as well as the capital maintenance of the major components of the two utilities, and the operation of those two funds. Councilmember O'Connor stated budget cuts should be made throughout the City, such as selling the Community Center, rather than raising taxes and fees. 1. RESOLUTION ADOPTING 2006 SEWER UTILITY RATES, FEES AND CHARGES - RESOLUTION NO. 2005 -171 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005- 171 Adopting 2006 Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION ADOPTING 2006 WATER UTILITY RATES, FEES AND CHARGES - RESOLUTION NO. 2005-172 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -172 Adopting 2006 Water Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 3. RESOLUTION ADOPTING 2006 STREET LIGHT RATES AND CHARGES - RESOLUTION NO. 2005-173 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -173 Adopting 2006 Street Light Rates and Charges. Councilmember O'Connor voted against the same. Motion passed. 4. RESOLUTION ADOPTING 2006 RECYCLING RATES - RESOLUTION NO. 2005-174 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -174 Adopting 2006 Recycling Rates. 11/28/05 -6- I Councilmember Niesen explained that, although tax increases are not pleasant, there are other factors involved such as County and School District taxes. She stated the increases are minimal and the City did a good job explaining the reasons for the increases. She stated the City Council will continue to look for ways to keep taxes affordable. Mayor Kragness stated Mr. McCauley and Staff do an excellent job of cost savings and departments have historically come in under budget. She stated she does not think it is appropriate for comments to be made about Staff not doing a good job of budgeting and would like to thank City Staff for a job well done. Councilmember O'Connor voted against the same. Motion passed. 10c. (FORMERLY CONSENT AGENDA ITEM NO. 7D.) RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF FIVE 2006 FORD CROWN VICTORIA POLICE PATROL VEHICLES - RESOLUTION NO. 2005 -175 Councilmember O'Connor stated concern for the cost of government and taxes. She stated the City should wait until the end of next year to purchase the police vehicles. Mayor Kragness clarified that the budget is staying the same and only the order for the vehicles is being placed early. She also stated funds will be returned to the budget from the auction of the former police vehicles. Councilmember Carmody moved, Councilmember Niesen seconded Adoption of RESOLUTION NO. 2005 -175 Amending the 2005 Central Garage Budget to Provide For the Early Order /Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles. Councilmember Niesen stated the language of the Resolution is unclear. Mr. McCauley explained that the City is seeking earlier 2006 delivery of the vehicles. He stated the earlier the existing cars are sold, the greater the salvageable value and less that is spent on repairs. Councilmember O'Connor voted against the same. Motion passed. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:39 p.m. Motion passed unanimously. /f - 1 City Clerk U May 11/28/05 -7-