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Home My WebLink About2005 01-10 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 10, 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 at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, 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, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Walt Wenholz, 501 69 Avenue North, addressed the Council to discuss the Eastbrook Estates development and the recent agreement change since the highway department had decided not to sell four of the proposed lots. He wished to inform the Council that the developer may come to the Council to ask for eminent domain proceedings. Community Development Director Brad Hoffman addressed the Council to discuss that he had a conversation with the developer and that he had informed him that the idea of having the City acquire the property would not be receptive. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered for the Invocation. 3. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a Ceremonial Oath of Office to Councilmember Lasman and Councilmember O'Connor. 4. 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 7:02 p.m. 01/10/05 -1- 5. ROLL CALL Mayor Myrna Kragness, 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, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 6. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 7. COUNCIL REPORT Councilmember Carmody reported that she attended the Hmong American Chamber of Commerce dinner and the informational meeting regarding the Lions Park area construction. Councilmember Lasman reported that she attended the informational meeting regarding the Lions Park area construction; and that the new Community Resource and Residents' Guide was available if residents had not already received one. Councilmember O' Connor reported that she toured City buildings and the informational meeting regarding the Lions Park area construction. Mayor Kragness shared a letter she had received from the Hennepin County Chiefs of Police Traffic Advisory Committee who had nominated Officer Darrel Kortan for Officer of the Year. 8. 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 amendment of tabling the Financial and Housing Commission reappointments (agenda item 10g, Mayoral Reappointments to City Advisory Commission). Motion passed unanimously. 8a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the December 13, 2004, study, regular, and work session; and December 27, 2004, special session meeting minutes. Councilmember O'Connor abstained from the vote. Motion passed. 8b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. 01110105 -2- BOWLING ALLEY Earle Brown Lanes 6440 James Circle North FIREWORKS — PERMANENT Cub Foods 3245 County Road 10 SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Brooklyn Center Service Inc. (Perfect Car Wash) 6849 Brooklyn Boulevard Christy's Auto Service 5300 Dupont Avenue North Hark's Company 6501 Humboldt Avenue North Holiday Stationstores #292 420 66` Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Osseo - Brooklyn Bus Company 4435 68 Avenue North Qwest Communications 6540 Shingle Creek Parkway SuperAmerica #3192 6950 Brooklyn Bouelvard SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road MECHANICAL CB Heating & Air 18851 165th Street NE, Foreston Southtown Refrigeration 5610 West 36th Street, St. Louis Park PUBLIC DANCE Earle Brown Bowl Lanes 6440 James Circle North SECONDHAND GOODS DEALER GameStop #535 6068 Shingle Creek Parkway GameStop #1704 1307 Brookdale SIGN HANGER Phoenix Signs LLP 10842 Highway 81, Maple Grove TOBACCO RELATED PRODUCT A & I 6930 Brooklyn Boulevard BC Bar and Grill(Ref's Sports Bar) 2545 County Road 10 B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 6930 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Brooklyn Center Service Inc. (Perfect Car Wash) 6849 Brooklyn Boulevard Cub Foods 3245 County Road 10 01/10/05 -3- Earle Brown Lanes 6440 James Circle North Hark's Company 6501 Humboldt Avenue North Holiday Stationstores Support #2099 6890 Shingle Creek Parkway Holiday Stationstores #292 420 6e Avenue North Royal Tobacco 5625 Xerxes Avenue North SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Tudy's Store 6120 Earle Brown Drive Value Food 6804 Humboldt Avenue North Walgreens 6390 Brooklyn Boulevard 8c. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 2005 -01 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8d. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 2005-02 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP RESOLUTION NO. 2005 -03 Councilmember Lasman introduced the following resolution and moved its adoption: 01/10/05 -4- RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8f. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS RESOLUTION NO. 2005-04 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8g. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY RESOLUTION NO. 2005-05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. PUBLIC HEARING ITEM 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD) Mayor Kragness discussed that this item was held for public hearing on December 13, 2004, and tabled to this evening. At this time the final plat has not been recorded and it is recommended to table this ordinance to the January 24, 2005, meeting. A motion by Councilmember Lasman, seconded by Councilmember Carmody to re -open the Public Hearing. Motion passed unanimously. 01/10/05 -5- No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to table the Public Hearing to January 24, 2005. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BOB PEPPE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Councilmember Lasman read the resolution expressing recognition and appreciation of Bob Peppe for his dedicated public service as Council Member from January 1, 1997, through December 31, 2004, while Mayor Kragness presented him a certificate. RESOLUTION NO. 2005-06 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BOB PEPPE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10b. RESOLUTION RECOGNIZING ANASTASIA FILIPIAK IN RECOGNITION AND APPRECIATION FOR HER SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the resolution recognizing Anastasia Filipiak for her twenty six and a half years of dedicated service to the City of Brooklyn Center. RESOLUTION NO. 2005 -07 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING ANASTASIA FILIPIAK IN RECOGNITION AND APPRECIATION FOR HER SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 01110105 -6- loc. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN GOULD Mayor Kragness read the resolution expressing recognition and appreciation of Jean Gould for her twenty five plus years of dedicated service to the City of Brooklyn Center. RESOLUTION NO. 2005 -08 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN GOULD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LIEUTENANT CURTIS LUND Mayor Kragness read the resolution expressing recognition and appreciation of Curtis Lund for his nineteen plus years of dedicated service to the City of Brooklyn Center. RESOLUTION NO. 2005 -09 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LIEUTENANT CURTIS LUND i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember O'Connor. Motion passed unanimously. 10e. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER CRIME PREVENTION PROGRAM IN SUPPORT OF THE SUMMER FUN SQUAD PROGRAM Mayor Kragness read the resolution expressing appreciation for the donation of $1,125 from the Brooklyn Center Crime Prevention Program in support of the Summer Fun Squad Program. RESOLUTION NO. 2005-10 Councilmember Lasman introduced the following resolution and moved its adoption: 01/10/0 -7- RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER CRIME PREVENTION PROGRAM IN SUPPORT OF THE SUMMER FUN SQUAD PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10f. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS Mayor Kragness read the resolution expressing recognition and appreciation of the following members who have served on City commissions: Walter R. Bursch, Charter Commission 6/28/96- 6/26/04 Stephen Erdmann, Planning Commission 6/9/97 - 5/1/04 Kathleen Ganter, NWHHSC Advisory Commission 1/25/99 - 1/31/04 Tracy Groves, NWHHSC Advisory Commission 5/10/04 - 12/31/04 Jay Hruska, Financial Commission 3/13/95- 12/31/04 Denise Walker, Charter Commission 12/9/01- 4/28/04 Lumarie Watkins, NWHHSC Advisory Commission 12/8/03- 4/23/04 Pangshoua Pamela Yang, NW Regional Human Rights 1/14/02 - 12/31/04 Walter Bursch and Jay Hruska were present to receive a certificate from Mayor Kragness. RESOLUTION NO. 2005-11 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. log. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Kragness requested ratification of the following reappointments to City Advisory Commissions: Park and Recreation Commission Gail Ebert 1613 Irving Lane Craig Hauger 6706 Colfax Avenue North Roger Peterson 151171 st Avenue North 01/10/05 -8- Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the above Mayoral nominations. Motion passed unanimously. 10h. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES FOR OTHER ORGANIZATIONS FOR 2005 Mayor Kragness requested ratification of the following to serve as liaisons to City Advisory Commissions and as City representatives for other organizations for 2005: Commission/Organization Council Member Financial Commission Diane Niesen Housing Commission Mary O'Connor Regional Human Rights Coalition Kathleen Carmody Park and Recreation Commission Kay Lasman Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Mary O'Connor League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Myrna Kragness and Mary O'Connor 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 A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the above Mayoral nominations. Motion passed unanimously. 10i. SELECT PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested ratification of Councilmember Carmody as Mayor (President) Pro Tern and Councilmember Lasman Acting Mayor (President) Pro Tem. 01110105 -9- A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the above Mayoral nominations. Motion passed unanimously. 10j. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Kragness discussed that this is an annual resolution for information and reminder of Council /City Manager responsibilities. RESOLUTION NO. 2005-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10k. RESOLUTION RELATING TO LIQUOR LICENSE OF VALUE FOOD City Attorney Charlie LeFevere discussed that when the resolution had been prepared the language was misread from the Hearing Examiners Findings of Fact, Conclusions of Law and Recommendations. The resolution should be amended to have the City Council receive the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendations instead of approve and adopt. The following language was recommended for the amendment to the resolution: 1. That the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendations Regarding the Imposition of a Penalty on Value Food for the Sale of Alcoholic Beverages to a Minor, and the Memorandum attached thereto, are received by the City Council. RESOLUTION NO. 2005-13 Councilmember Lasman introduced the following resolution and moved its adoption with the amendment deemed appropriate by the City Attorney: RESOLUTION RELATING TO LIQUOR LICENSE OF VALUE FOOD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 01/10/05 -10- 101. RESOLUTION RECEIVING HOUSING COMMISSION'S SENIOR HOUSING REPORT Mr. McCauley discussed that at the request of the City Council the Housing Commission had been preparing this senior housing report over the past year and that this resolution would receive the report and expresses appreciation for the work and commitment of the Housing Commission for their dedication to addressing the housing needs of senior citizens in Brooklyn Center. There was discussion regarding the study, and it was noted that most senior housing is rental property and not owner- occupied and the study shows there is a need for affordable housing for seniors. Councilmember Carmody inquired if there was a priority to the recommendations of the Housing Commission. Mayor Kragness responded that it would be the Council's decision to receive these recommendations and then prioritize accordingly. Councilmember O'Connor noted that the study indicates there is a need for affordable housing, yet the study also notes there should only be 11% for each project. Housing Commission Chair Mark Yelich responded that he believes the study recommends 15% affordable housing for each project. He also noted that one of the recommendations is to consider conversion of existing rental properties to senior rental or owner- occupied senior housing. RESOLUTION NO. 2005-14 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECEIVING HOUSING COMMISSION'S SENIOR HOUSING REPORT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10M. RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES AND AUTHORIZING SOLICITATION OF BIDS FOR 2005 SEAL COATING Mr. McCauley discussed that last year the City participated in a joint powers agreement with the cities of Coon Rapids, Andover, and Columbia Heights for purchasing seal coating and other maintenance services and saved approximately five percent. This resolution would approve a similar joint powers agreement for seal coating and other maintenance services in 2005. RESOLUTION NO. 2005-15 Councilmember Carmody introduced the following resolution and moved its adoption: 01/10/05 -11- RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES AND AUTHORIZING SOLICITATION OF BIDS FOR 2005 SEAL COATING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10n. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2005 -2006 Mr. McCauley discussed that negotiations with Local 86 have resulted in a three percent increase in wages for 2005 plus $5 per month for sergeants and a re- opener for wages in 2006. The re- opener for 2006 wages is due to the lack of settlements for sergeants in one of the comparable cities for 2004 that may impact comparability in the longer term. The proposed contract provides a three percent wage increase for lieutenants in 2005 and 2006 plus $45 per month in each of those years. In comparing the cities used for comparison purposes, lieutenants and sergeants were below the average of the comparable cities. The additional $5 for sergeants and $45 for lieutenants bridges part of that gap with the average. The proposed contract increases uniform/clothing allowances and increases court time from a two to a three hour minimum. Councilmember O'Connor asked for clarification regarding the three hour minimum for court time and what the salary range is for sergeants and lieutenants. Mr. McCauley discussed that an employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of three hours of pay at one and one -half times the employee's base pay rate; and that the approximate salary for sergeants is in the low to mid $60,000 and in the mid $70,000 for lieutenants. RESOLUTION NO. 2005 -16 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2005 -2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 100. RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING COMMERCIAL AND INDUSTRIAL PARCELS Mr. McCauley discussed that in reviewing the City's Special Assessment Policy Public Works Director /City Engineer Todd Blomstrom found a conflict. The policy for calculating special 01110105 -12- assessments along Municipal State Aid streets provides for special assessment levies of 70 percent of the total costs to commercial or industrial properties within a project area. It is being recommended to add language to provide more flexibility in calculating special assessments to avoid assessment amounts that could potentially exceed the benefit provided by a given project. Also recommended is the deletion of a portion of the policy that is too prescriptive and does not reflect the current project funding options available today. RESOLUTION NO. 2005 -17 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING COMMERCIAL AND INDUSTRIAL PARCELS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember O'Connor. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember O'Connor, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:53 p.m. Motion passed unanimously. City Clerk Mayor 01/10/05 -13-