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HomeMy WebLinkAbout2004 11-22 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 22, 2004 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 Bob Peppe. 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 2. INVOCATION Mayor Kragness 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 11/22/04 -1- 6. COUNCIL REPORT Mayor Kragness reported that she was participating in the Walking A Mile Program with the City of Paynesville and that the following toured the City of Brooklyn Center today and would be in attendance at the meeting this evening: Jeff Thompson, Mayor; Steve Helget, City Administrator; Jean Soine, Councilmember; Ron Mergen, Public Works Director; and Kent Kortlever, Police Chief. She reported that she would be going to Pa esville on December 8 2004• along with other City p g g Yn g staff. Councilmember Carmody reported that on November 16, 2004, she attended the Earle Brown Days Committee meeting and that they had reviewed new parade applications; and that she attended the Park and Recreation Commission meeting and that they are working on the City's Park and Recreation Ordinance. Councilmember Lasman reported that on November 19, 2004, she attended the Crime Prevention meeting and informed that they are looking to expand the program. She informed that the Brooklyn Center Lions would be sponsoring the Annual Holly Sunday event on December 5, 2004. Councilmember Niesen reported that the Housing Commission continues to prepare their report on senior housing and that there has been an extensive amount of work done. She informed that she encouraged the Housing Commissioners to attend the Planning Commission meetings and to work with them on this issue. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the November 3, 2004, special session, and the November 8, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES PQT Company 5040 Brooklyn Blvd. and 3245 Bass Lake Road 11/22/04 -2- MECHANICAL McQuillan Brothers Plumbing/Heating 688 Hague Ave, St. Paul R & S Heating and Air 12600 Creek View Avenue, Savage RENTAL Renewal: Brookside Manor - Anda Construction 52162 nd Avenue North - Curtis & Cheryl Hawkins 6718 Colfax Avenue North - Kenneth Fountain 5233 Drew Avenue North - James & Joan Bagwell 3319 Mumford Road - William Coleman 5400 Sailor Lane - Duane Christiansen Initial: 5500 Bryant Avenue North - Jean-Marie Akayezu 6713 Colfax Avenue North - Erick Stewart 5920 Ewing Avenue North - Carl & Wendy Linder 6823 Fremont Place North - Carol Carter 6300 France Avenue North - Wade Klick 6920 Lee Avenue North - Ronald & Julie Stenscie 5900 Pearson Drive - Mary Tjosvold 6725 Scott Avenue North - Dento Shuaibu 7230 West River Road - Jean -Marie Akayezu 7250 West River Road - Jean-Marie Akayezu TOBACCO RELATED PRODUCT Tobacco Warehouse Inc. 6014 Shingle Creek Parkway 7c. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2003 -09, CONTRACT 2003 -D, LIFT STATION NOS. 3 & 4 CONTROL CABINETS RESOLUTION NO. 2004 -165 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2003 -09, CONTRACT 2003 -D, LIFT STATION NOS. 3 & 4 CONTROL CABINETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11/22/04 -3- 7d. RESOLUTION APPROVING AMENDMENT NO. 1 TO COOPERATIVE CONSTRUCTION AGREEMENT NO. 83298 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RECONSTRUCTION RESOLUTION NO. 2004-166 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT NO. 1 TO COOPERATIVE CONSTRUCTION AGREEMENT NO. 83298 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2004-01,02,03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004-167 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.2, IMPROVEMENT PROJECTNOS. 2004- 01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE ROTARY TYPE TRACTOR MOWER, EQUIPMENT NO. 245 RESOLUTION NO. 2004-168 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE ROTARY TYPE TRACTOR MOWER, EQUIPMENT NO. 245 11/22/04 -4- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2004-013 SUBMITTED BY COMMUNITY EMERGENCY ASSISTANCE PROGRAM (LEAP). REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY AT 7051 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 10, 2004, MEETING. City Manager Michael McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2004 -013 submitted by Community Emergency Assistance Program (CEAP) for a special use permit to operate a group day care facility at 7051 Brooklyn Boulevard subject to eight conditions. Representatives from CEAP were present if the Council had any questions. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2004 -013 subject to the following conditions: 1. The Special Use Permit is granted for a childcare /day care facility serving up to 34 toddler and preschool children. Any expansion or alterations of this proposed operation, which is inconsistent with the proposal submitted, will require an amendment to this Special Use Permit. 2. The childcare /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The granting of the Special Use Permit is contingent upon the approval and filing of the plat comprehended under Planning Commission Application No. 2004 -010; the approval of the rezoning comprehended under Planning Commission Application No. 2004 -011; and approval of the site and building plan and special use permit comprehended under Planning Commission Application No. 2004 -012. 4. The granting of this special use permit is contingent upon the development and execution of an agreement between the Osseo Area Schools and CEAP to provide outside playground/recreational facilities consistent with city ordinance requirements on a continuous basis. A copy of the agreement shall be provided to the City. Absent such an agreement, the special use permit shall be void. 5. Children utilizing the childcare facility shall always be escorted by an adult when walking between said facility and the offsite recreational area. 11/22/04 -5- 6. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 7. Approval of the special use permit does not authorize additional signery other than that comprehended under Chapter 34 of the City Ordinances. 8. Approval of the Special Use Permit shall be effective through December 31, 2006 without the need for an extension as comprehended by Section 35 -220, Subdivision 5, provided all conditions established above are met in their entirety. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO HOMELAND SECURITY EQUIPMENT GRANT AGREEMENT WITH HENNEPIN COUNTY EMERGENCY PREPAREDNESS DIVISION Mr. McCauley discussed that this resolution would authorize the consent to enter into an agreement with Hennepin County through its Emergency Preparedness Division which would provide for the reimbursement of expenses incurred for the purchase of equipment for the 800 MHz conversions. RESOLUTION NO. 2004-169 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO HOMELAND SECURITY EQUIPMENT GRANT AGREEMENT WITH HENNEPIN COUNTY EMERGENCY PREPAREDNESS DIVISION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. SETTING DECEMBER 6, 2004, FOR A SPECIAL COUNCIL MEETING FOLLOWING INITIAL TRUTH IN TAXATION HEARING TO DISCUSS CITY MANAGER EVALUATION Mr. McCauley discussed as indicated by the Council they wanted to do a different procedure that would have the Council do a group evaluation rather than a series of individual evaluations and setting this Special Council meeting would allow that procedure. 11/22/04 -6- Councilmember Niesen discussed that she believes the Council would be using the same evaluation form and hopes to continue to work with Mr. Neu next year to draft a new format. She inquired if the Council would be filling out the evaluation form prior to the meeting. Mr. McCauley informed that the Council could handle the forms as they chose to prepare for the meeting. Councilmember Niesen asked if there would o d be anyway the Council could receive the evaluation forms sooner than a few days before the evaluation in order to have time to fill the forms out in advance of the evaluation process. Mr. McCauley discussed that the evaluation form would be available without the additional materials that would be delivered for the December 6, 2004, meeting. Councilmember Carmody asked if it would be the Mayor reading the evaluation and discussion taking place after since it is not clear on how the process will be handled at the December 13, 2004, meeting. Mayor Kragness discussed that she believes that City Attorney Charlie LeFevere is to develop the minutes at the Special City Council meeting and that the minutes would result in the outcome of the evaluation. Mr. LeFevere discussed that he was under the impression that the Special City Council meeting would be an open meeting and therefore it is not necessary for a report to be made to the public after the evaluation since that is a requirement of a closed meeting. If the Council would like the minutes to reflect the action taken at the Special City Council meeting, no report has to be made unless there is something else that the Council wants to do with the minutes. The minutes would simply reflect the decisions that were made in the various categories. Councilmember Lasman expressed that she expects to have her input the same as it was done in the past, individually, and that at some point in time the Council would try to lace together if there is a general common ground. She believes the way it was done in the past was acceptable and does not want to lose the opportunity and ability to answer individually. Mr. McCauley discussed that if the Council is considering changing the evaluation process they would in essence be losing the individual comment option. Councilmember Niesen discussed that she believes the comments need to be captured and does not know why comments could not be put together with voting on the overall categories. Mr. McCauley discussed that if anonymous comments were collected it would do violence to concept of the Council doing an evaluation as a group, reflecting the majority view. If the Council were to choose to do the evaluation as done in the past, then everyone gets to make all of their comments. Councilmember Carmody expressed that she does not agree with anonymous comments and suggested that the Council try the new evaluation process and if the Council determines that they would like to handle the evaluation process in the old format they do so on December 13, 2004. Councilmember Lasman discussed that she agrees and expressed she believes the anonymous comments can be hurtful and not necessarily helpful. 11/22/04 -7- Councilmember Peppe discussed that he believes it is challenging as a group to review a person because there will always be different points of view because of personality conflicts. He informed that he is comfortable with the standard evaluation process and understands that not everyone is happy with the current process. He hopes that when the Council has the evaluation that the bottom line is answered which is, is the job getting done and how is the City doing as a whole under the direction of the City Manager. Mr. LeFevere discussed that the Council needs to consider the end point of what is going to come out of the Special City Council meeting and if it is the intent of the Council to take it farther than that and agree on the text of comments, it may be a time consuming and unrealistic process. Councilmember Carmody informed that she does have concerns about doing the evaluation process at the Special City Council meeting; however, she is willing to try it and if it is not working that there is nothing wrong with going back to the old format on December 13, 2004. Councilmember Niesen discussed that she was uncomfortable with the way last year's evaluation went and her intent was to have the rating for each category with discussion points that will support that rating. She agrees the Council can always go back to the old format process. Mayor Kragness expressed that the only way she could envision this working would be to have one short paragraph as a description of each category discussion. Mr. LeFevere discussed that if the Council wants a rating for each category and wants to agree upon comments he would recommend that the Council come to the Special City Council meeting ready with written comments. If the votes are not supportive of the comments made, the comments will not be included. A motion by Councilmember Lasman, seconded by Councilmember Peppe to set December 6, 2004, as a Special City Council meeting following the Initial Truth in Taxation Hearing. Motion passed unanimously. 9e. MOTION AUTHORIZING CITY MANAGER TO EXECUTE BROOKDALE POLICE SUBSTATION AGREEMENT Mr. McCauley discussed Brookdale Shopping Center had offered to allow a police sub - station on site and that the location of the sub - station would be in the Guest Services area of the east mall. Police Officers will use the sub - station to conduct police related business while engaged in activities at the mall or the surrounding commercial district. Councilmember Carmody inquired if this would be a one -year or continuous agreement; and if the hours had been determined. Mr. McCauley discussed that would be up to Brookdale and the City; and that no specific hours had been identified. 11/22/04 -8- Councilmember Lasman noted that Brookdale is providing the space at no charge and the costs to the Police Department are for phone and data communication lines. Mayor Kragness questioned who would be responsible if the location of the sub - station had to be moved within the mall. Mr. McCauley discussed that the City would be responsible. A motion by Councilmember Lasman, seconded by Councilmember Carmody to authorize the City Manager to execute the Brookdale Police Sub - station Agreement. Councilmember Carmody questioned when the sub - station would be operational. Mr. McCauley informed that they are hoping before the Christmas season. Motion passed unanimously. 9d. RESOLUTION AMENDING SECTION 9.4 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES Mr. McCauley discussed due to budgetary cuts and the rising cost of health care insurance the City finds that it is in the public interest to review the benefits of retiring employees. The City may be unable to fund and sustain costs providing retiree health insurance benefits into the future but can offer alternative means of saving for retirement health care costs such as retirement health savings accounts and other healthcare cost savings plans. Amending Section 9.4 of the City's Personnel Rules and Regulations by modifying benefits had been prepared and would be recommended in order to assist employees with the following proposed resolution adopting the Vantagecare Retirement Health Saving (RHS) Program. RESOLUTION NO. 2004-170 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SECTION 9.4 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. RESOLUTION ADOPTING THE VANTAGECARE RETIREMENT HEALTH SAVING (RHS) PROGRAM Mr. McCauley discussed that this program was recommended by a task force and would require additional resolutions to implement. The City will bargain with employee groups regarding the contributions that will go into the Retirement Health Savings Program. 11/22/04 -9- RESOLUTION NO. 2004-171 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE VANTAGECARE RETIREMENT HEALTH SAVING (RHS) PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9f RESOLUTION APPOINTING HEARING EXAMINER Mr. McCauley discussed that this resolution would appoint Attorney Karen Marty to serve as the Hearing Examiner with regards to the liquor violation for Value Food. The Police Department and City Attorney have not been able to agree upon sanctions with the licensee. This is the second violation with Value Food within two years. RESOLUTION NO. 2004-172 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING HEARING EXAMINER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:01 p.m. Motion passed unanimously. 4W,6( City Clerk Mayor U 11/22/04 -10-