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HomeMy WebLinkAbout2005 03-28 CCM Study 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 STUDY SESSION MARCH 28, 2005 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 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, Chief of Police Scott Bechthold, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Carmody questioned why the Happy Hollow area would be included in the project with regards to Consent Item 7d, Resolution Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2005 -07, 2005 Street Seal Coating. City Manager Michael McCauley discussed that the surface in the Happy Hollow area was not satisfactory when it was installed. The contractor had provided additional funding for the area be seal coated to address the unsatisfactory surface. Councilmember Carmody asked about Consent Item 7f, Resolution Selecting the No Waiver Option for Statutory Tort Liability. Mr. McCauley discussed the Statutory tort limit of $300,000 per individual and an aggregate of $1,000,000 per incident and informed that with regards to a State claim the amount of potential liability may be waived to the extent that insurance is purchased above the Statutory limits. By not waiving the limits, the City's insurance premiums are lower. Councilmember Lasman questioned if there would be one or two cadets for the City of Brooklyn Center with regards to Consideration Item 9a, Presentation on Hennepin County Joint Community and Police Project. Mr. McCauley informed that he believes it would be one cadet for the City of Brooklyn Center and one cadet for the City of Brooklyn Park. 03/28/05 -1- Councilmember Lasman questioned how the City would know if properties are being rented and what the consequences would be for those who are renting without a license with regards to Consideration Item 9i, An Ordinance Relating to Rental Dwellings and Non- Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111. Mr. McCauley discussed most issues are complaint driven and that the consequence could lead to prosecution. Councilmember O'Connor asked if the Lions Park area would be paying for seal coating with regards to Consent Item 7d, Resolution Accepting Bid and Authorizing Award of a Contract, Improvement Project No. 2005 -07, 2005 Street Seal Coating. Mr. McCauley discussed the Lions Park area would not be paying for seal coating and that the streets being seal coated were done in a previous project. Councilmember Niesen questioned what the implication is for a first reading and informed that she needs to understand the difference between a first reading and public hearing. Mr. McCauley discussed that the first reading causes the process to start for a public hearing. Councilmember Niesen informed that she would like to understand some things about Chapter 12 with regards to Consideration Item 9i, An Ordinance Relating to Rental Dwellings and Non- Conforming Uses; Amending City Code Sections 12- 901,12 -902, and 35 -111, and would not support introducing a first reading and calling for a public hearing. Mr. McCauley informed that the Council can decide not to introduce this ordinance amendment at this time and just direct the Housing Commission to review and report on the ordinance; however, staff believes it is reasonable and suggests introduction of first reading and setting second reading and public hearing on June 13, 2005. Councilmember Niesen expressed that she believes this is an important ordinance and would like to review with the Housing Commission before introducing and setting date for a public hearing. Councilmember O'Connor informed that she would like the March 14, 2005, Regular Session minutes amended to read the following: Page 3, fifth Daragranh: Councilmember O'Connor stated she does not believe that the Council has to have a Public Hearing because the Planning Commission already had a public hearing or that it has only until March 21, 2005, within which to approve the rezoning. She cited Minn. Stat. § 15.99 Subd. 2. Mr. LeFevere responded there is no other Statute that he is aware of that this action cannot be complied within the 60 days, and there is no environmental impact statement required. Paae 23, fifth DaraaraDh: Councilmember O'Connor said even if this resolution is not passed, there will still be the responsibility to recycle electronic waste properly. Councilmember Niesen informed that she would like the March 14, 2005, Regular Session minutes amended to read the following: 03/28/05 -2- Page 3, fifth paragraph: Councilmember O'Connor stated she does not believe that the Council has to have a Public Hearing or that it has only until March 21, 2005, within which to approve the rezoning. She cited Minn. Stat. § 15.99 Subd. 2. Mr. LeFevere indicated that there was no requirement to this particular issue and there is no other Statute that he is aware of that this action cannot be complied within the 60 days; and there is no environmental impact statement required. Page 3, seventh paragraph: Councilmember Niesen said she spoke to Senator Scheid who referred her to Dan McGowan, Senate Council for the State and Local Government Committee, and he concurred with Mr. McCauley`s review of the statutory requirements. She asked how the Council can avoid the loophole. She said at the last Council meeting agenda Item No. 9b was the rezoning and it was tabled. Page 4, third paragraph: Councilmember Niesen said if the Council does not vote on the rezoning and does not take action, then Minn. Stat. §462.357 will not matter. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS There was no Work Session agenda. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. Zrt /vx.at� �c 0ili City Clerk May(l 03/28/05 -3-