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HomeMy WebLinkAbout2003 11-10 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 NOVEMBER 10, 2003 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, Community Development Director Brad Hoffman, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:55 p.m. 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 7:02 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, Community Development Director Brad Hoffman, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 11/10/03 -1- (Councilmember Carmody was excused at 8.07 p.m.) 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited 6. COUNCIL REPORT Councilmember Niesen reported that she attended an Association of Metropolitan Municipalities (AMM) meeting on October 28, 2003, and met with the Executive Director. Councilmember Carmody reported that she attended the Regional League of Minnesota Cities meeting on October 30, 2003. Mayor Kragness reported that she attended a dedication to the East Indian Temple and a ribbon cutting ceremony for the new Social Security Office on November 5, 2003; and on November 6, 2003, she attended a Racial Justice Commission luncheon. 7. 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 to the October 20, 2003, Joint Work Session with Financial Commission meeting minutes. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the October 20, 2003, joint work session with Financial Commission, October 27, 2003, study, regular, and work session meeting minutes with the following amendment to the October 20, 2003, meeting minutes: Councilmember Niesen inquired about the breakdown of the impacts on total bills with the proposed rate increases. Mr. McCauley discussed that the breakdown for total water and sewer City bills per year would be $8.16 for residential and $2.08 for seniors. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. 11/10/03 -2- MECHANICAL Alliant Mechanical Inc. 3650 Kennebec Drive, Eagan Brooklyn Aire 8862 Zealand Avenue North, Brooklyn Park Dale Huber Co. 1200 West Highway 13, Burnsville Expert Sheet Metal Inc. 30 West Main Street, Bethel North Country Aire 29617 Riverridge Road, Isanti PMR Mechanical, Inc. 2414 East 26`" Street, Minneapolis RENTAL Renewal: 5308 Emerson Avenue North - Phillip and Ginger Luoma Anderson Riverwood Estates Apartments - Donald Kasbohm Initial: 5650 Humboldt Avenue North - Syed Raza 6342 Lee Avenue North - Timothy Cioni 6523 Unity Avenue North - WaYee Xiong SIGNHANGER Leroy Signs 6325 Welcome Ave N, Brooklyn Park 7c. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTION FOR CSM CORPORATION (3280 NORTHWAY DRIVE) A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve site performance guarantee release /reduction for CSM Corporation (3280 Northway Drive). Motion passed unanimously. 8. PUBLIC HEARINGS 8a. FRANCHISE FEE ORDINANCES 1. AN ORDINANCE IMPOSING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 2. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 3. AN ORDINANCE AMENDING CITY ORDINANCE 97 -09 GRANTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 11/10/03 -3- City Manager Michael McCauley discussed that two revised ordinances had been prepared and are before the Council this evening for approval of reintroducing and setting second reading and public hearing on December 8, 2003. The revisions made to the gas and electric franchise fees incorporate a flat rate per customer rather than a percentage. A third ordinance amendment is before the Council to amend City Ordinance 97 -09 and will reflect the franchise fee ordinances. Mayor Kragness questioned if these ordinances would be established until 2009. Mr. McCauley discussed that the ordinances would set a maximum until 2009. Mayor Kragness inquired if there was anyone who wished to speak to the Council. Darrin Lahr, Xcel Energy, addressed the Council to inform that they have a concern with continuing the ordinances between now and December 8, 2003, for the sake of their programming. Dale Greenwald, business owner in Brooklyn Center, addressed the Council to express thanks for all the work that has been done with these ordinances. He had hoped for a sunset ordinance; however, believes that he has to trust these ordinances will work. Councilmember Peppe inquired if a sunset clause could be implemented to review this in four to five years. Mr. McCauley discussed the sunset process and suggested that the Council might wish to consider by resolution to direct a review in four to five years. Mr. McCauley informed that he could prepare a resolution for the December 8, 2003, agenda. A motion by Councilmember Lasman, seconded by Councilmember Peppe to withdraw the original ordinances imposing gas and electric franchise fees, reintroduce the two new gas and electric ordinances, introduce An Ordinance Amending City 97 -09 Granting an Electric Franchise on Northern States Power's Operations Within the City of Brooklyn Center, and set new date of public hearings for December 8, 2003. Motion passed unanimously. 8b. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 Mr. McCauley discussed that a questioned had been raised on how the enforcement will be implemented and suggested that this item be continued to the November 24, 2003, meeting. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the Public Hearing to November 24, 2003. Motion passed unanimously. 11/10/03 -4- 8c. AN ORDINANCE AMENDING SECTIONS 11 -604 AND 11 -704 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING APPLICATIONS FOR INTOXICATING LIQUOR LICENSES Mr. McCauley discussed that this ordinance amendment would be a continuing effort to update and streamline the application process for liquor licensing. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-19 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTIONS 11 -604 AND 11 -704 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING APPLICATIONS FOR INTOXICATING LIQUOR LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8d. AN ORDINANCE RELATING TO THE DEER HUNTING WITHIN THE CITY OF BROOKLYN CENTER FOR THE PURPOSE OF POPULATION CONTROL Mr. McCauley discussed that this ordinance amendment would allow the implementation of a deer management plan and that the following bolded language should be added to the amendment in Section 2 (d): the harvesting of deer pursuant to a Deer Management Plan adopted by the City Council as allowed under permit issued by the City Manager or City Manager's designee and subject to any conditions and limitations established by the City Manager. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearings. Motion passed unanimously. No one wished to address the Council. 11/10/03 -5- A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public Hearings. Motion passed unanimously. ORDINANCE NO. 2003-20 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE DEER HUNTING WITHIN THE CITY OF BROOKLYN CENTER FOR THE PURPOSE OF POPULATION CONTROL The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2003-019 SUBMITTED BY DLR GROUP. REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT TO BUILD AN APPROXIMATE 27,000 SQ. FT. OFFICE/INDUSTRIAL BUILDING FOR GLOBAL INDUSTRIES ON A 2.3 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 30, 2003, MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-019 SUBMITTED BY DLR GROUP. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2003- , 019 submitted by DLR Group requesting for a planned unit development (PUD) amendment to build an approximate 27,000 square foot office /industrial building for Global Industries on a 2.3 acre parcel of land located at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. Councilmember Lasman inquired about the access. Mr. Warren discussed that the access would be from Parkway Circle and Freeway Boulevard. Councilmember Carmody questioned the parking at the Americinn. Mr. Warren discussed that there will be a screening wall along the loading dock area. Councilmember Lasman questioned if there would be any other type of furniture at this site. Matthew Johnson, representative from DLR Group, addressed the Council and informed that there would be a variety of all office related furniture. 11/10/03 -6- Councilmember Niesen questioned why this would be an amendment to a PUD and if the City would be paying for the watermain issue. Mr. Warren discussed the amendment process for PUD's and informed that the applicant would be responsible for the watermain expenses. RESOLUTION NO. 2003 -171 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-019 SUBMITTED BY DLR GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING PROTOCOL FOR AGENDA ACTION ITEMS AND E -MAIL Mr. McCauley discussed that this resolution would establish a protocol for agenda action items and e -mail. The City Council Handbook currently has a protocol for public hearings; however, this proposed protocol would clearly delineate the format for handling action items on an agenda. The proposed e -mail policy clearly defines when and how e -mail would be used by Council Members to avoid any possible questions with respect to the Open Meeting Law or other issues. RESOLUTION NO. 2003-172 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING PROTOCOL FOR AGENDA ACTION ITEMS AND E -MAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen inquired if there would be any provision for public input and suggested something like the Informal Open Forum Card process. Mr. McCauley discussed that the Mayor as Chair, recognizes persons wishing to speak and suggested that the Council consider discussing this at a work session if they wished to review specific mechanics for public input beyond current policies. Councilmember Niesen asked that a mechanism be considered to let people know they will be heard during a regular meeting. Councilmember Carmody asked that this item be placed on a January work session in order for the Council to have two meetings to learn the proposed protocol before adding new protocol. 11/10/03 -7- Mr. McCauley will place an item on a January work session agenda to further discuss this request. Motion passed unanimously. 10b. RESOLUTION AMENDING SECTION 3 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY ADDING A SECTION RELATING TO PROHIBITING FIREARMS AT WORK Mr. McCauley discussed that this resolution would prohibit persons other than sworn police officers or police personnel handling weapons as part of their assigned tasks and that the policy is consistent with recent changes in State Law. RESOLUTION NO. 2003 -173 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING SECTION 3 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY ADDING A SECTION RELATING TO PROHIBITING FIREARMS AT WORK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. Councilmember Carmody asked to be excused at 8:07 p.m. since she was not feeling well. Mayor Kragness excused Councilmember Carmody. loc. RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND Mr. McCauley discussed that this resolution would approve an application to the Hennepin County Environmental Response Fund with respect to Phase II of the Hmong Shopping Center property. RESOLUTION NO. 2003-174 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11/10/03 -8- 10d. RESOLUTION ESTABLISHING 2004 STREET AND STORM DRAINAGE ASSESSMENT RATES Mr. McCauley discussed that each year the street and storm drainage assessment rates are reviewed and that this resolution would establish the recommended rates 2004. RESOLUTION NO. 2003-175 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2004 STREET AND STORM DRAINAGE ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10e. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2004 Mr. McCauley discussed that each year the Council establishes interest rates for special assessments levied against private property based on the City's Special Assessment and Internal Loan Interest Rate Policy. This year staff is recommending a 5.5 percent interest rate for 2004 on special assessments. RESOLUTION NO. 2003 -176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Niesen inquired about the impact of the rate and its rationale. Mr. McCauley discussed that if someone were to prepay after the bonds were issued, the City would be paying interest on those bonds at a rate that could be higher than the interest the City would make on the money received in prepayment, creating a deficit. Thus the rate on special assessments must cover the City costs of administering the bonds and the gap. Motion passed unanimously. 11/10/03 -9- 10L 2004 PUBLIC UTILITY AND SERVICE CHARGE RATE STUDY - RESOLUTION ADOPTING 2004 SEWER UTILITY RATES, FEES AND CHARGES - RESOLUTION ADOPTING 2004 WATER UTILITY RATES, FEES AND CHARGES - RESOLUTION ADOPTING 2004 STREET LIGHT RATES AND CHARGES Mr. McCauley discussed that each year in connection with the City's Capital Improvement Program utility and service rates are reviewed. This year staff is recommending modest increases in water, sanitary sewer, and street light utility rates with a 2.8 percent for water and sanitary sewer and 3 percent for street light utilities. Based on the projected balances, these funds would be near or slightly above the fund balance targets recommended by the Financial Commission and adopted by the City Council. Mr. McCauley informed that no increase is proposed for storm water or recycling. Storm water funds will be reviewed in connection with planning for future pond maintenance needs and the increasing regulatory obligations being imposed by the Federal Government. Recycling has sufficient funds in the near term to cover anticipated costs without an increase. Councilmember Niesen asked about the jurisdictions and costs for sanitary sewer. Mr. McCauley discussed that the Met Council runs the interception system; however, the sewer treatments, volume, pipes, and transmission are the City's responsible costs. Councilmember Niesen questioned the sanitary sewer for the Joslyn site. Mr. McCauley discussed that the pumping on the Joslyn site is placed into the City's system and that the costs for the site are paid for by Joslyn. RESOLUTION NO. 2003 -177 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2004 SEWER UTILITY RATES, FEES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2003-178 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2004 WATER UTILITY RATES, FEES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. I 11/10/03 -10- RESOLUTION NO. 2003-179 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING 2004 STREET LIGHT RATES AND CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. log. RESOLUTION DESIGNATING USE OF FUNDS RECEIVED FROM SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A Mr. McCauley discussed the City had received $183,639.01 from the U.S. Bank Trust for a single - family mortgage revenue refunding bond, which the City had issued in 1992. This resolution would direct monies into the Street Construction Fund to help support the ongoing neighborhood street construction program. RESOLUTION NO. 2003 -180 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING USE OF FUNDS RECEIVED FROM SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10h. RESOLUTIONS SETTING BOND SALES - RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,080,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A - RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,490,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B Mr. McCauley discussed that Springsted continues to achieve funds for the Police and Fire Bonds and that they have suggested setting sales for December 8, 2003. Should the markets move higher by December 8, 2003, sale date, Springsted would recommend at that time that the Council pass what is called a parameters resolution. RESOLUTION NO. 2003 -181 Councilmember Lasman introduced the following resolution and moved its adoption: 11/10/03 -11- RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,080,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-182 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,490,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:26 p.m. Motion passed unanimously. J ) City Clerk Mayor 11/10/03 -12-