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HomeMy WebLinkAbout2012 08-27 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 AUGUST 27,2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6d, Approval of Site Performance Guarantee Reduction for 6000 Brooklyn Boulevard (Evans Nordby), in particular the circumstances with this project. He noted a performance bond is to be an inducement to assure the approved project goes forward in a timely manner. City Manager Curt Boganey explained the City can restrict an amount equal to the estimated costs to assure completion of the work should the City have to hire a contractor. Councilmember Ryan agreed this case is an anomaly and the City does not want to create a situation of undue obstacles to developers bringing a project to the City. He noted there has been a satisfactory completion of this work, but he would like to receive the response from staff regarding this delay. Councilmember Myszkowski requested discussion on Item No. 6g, Amend 2012 City Council Meeting Schedule to Add Special Budget Work Session with Financial Commission on August 30, 2012,relating to the reason to schedule a special meeting. Mayor Willson explained the Council has requested additional information on perceived service cuts. Mr. Boganey noted the regular City Council agenda had been revised to remove Item No. 6a4, Approval of Minutes—August 20, 2012—Joint Session with Financial Commission. Mayor Willson requested the following correction to the Regular Session minutes of August 13, 2012: Page 9, first paragraph, last line: Replace the word "key" with"keynote" 08/27/12 -1- It was the consensus of the City Council to accept the correction the August 13, 2012, Regular Session minutes. Councilmember Myszkowski requested discussion on Item No. 10a, Consideration of Type IV 6- Month Provisional Rental License for 5814 Ewing Avenue North, in particular the name of the owner. She noted the staff report indicates that on May 10, 2011, the owner is Peter and Michelle Nyarecha; however, on August 9, 2010, it was Salim and Michelle Nyarecha. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that the property remains under the same ownership. Councilmember Lasman requested discussion on EDA Item No. 4a, Resolution Approving the Developer Agreement for NSP III with the Greater Minnesota Housing Corporation and the Extension of the Developer Agreement for NSP I with the Greater Minnesota Housing Corporation, in particular if the NSP funds can be used to purchase the property for rental. She recalled it has to be owner occupied for a period of five years. Mr. Boganey stated that is correct. CONSTITUENT COMMUNICATIONS—COUNCILMEMBER KLEVEN Councilmember Kleven presented her request to discuss the appropriate response process when a constituent sends a concern to each member of the Council and requested guidance in how to handle constituent contact. Mayor Willson noted the e-mail communication that raised this issue was also copied to the City's representatives as well as the City Council. He indicated the City Council has discussed this issue in the past and agreed the City Council needs to be careful. He suggested the City Council only copy the response to Mr. Boganey. Councilmember Lasman stated the City Council can respond to constituents but should not copy the City Council on that response. Mr. Boganey agreed the City Council may respond to constituents, but if all five members respond to a constituent and the e-mails are copied to all Council Members, under certain circumstances an argument could be made that a"serial meeting"has occurred. Mayor Willson noted it also depends on whether the City is involved in a legal issue and urged the City Council to be cautious. Councilmember Ryan stated he generally, if appropriate, responds with his understanding of what the City is trying to do and tells the constituent that he will forward the issue to staff and that staff should respond back to the constituent. He agreed that individual members have to be careful and follow standard procedure. Mayor Willson stated he thanks the constituent but indicates that until he can query staff, he does not have all of the information and is unable to respond to the issue. 08/27/12 -2- Councilmember Kleven asked whether Councilmembers are aware when the City is involved in a lawsuit with a constituent. Mr. Boganey noted sometimes a complaint is received that involves private information, but if the City is being sued, he does include that in the update. Councilmember Lasman stated when she responds to an e-mail involving a constituent complaint, she does so to be courteous but refers it to staff and does not provide an answer. She stated she acts as an ambassador of Brooklyn Center and lets the constituent know she is concerned the constituent has an issue and it will be referred to staff who are the experts. Mr. Boganey stated typically the constituent will not copy the City Manager on a complaint but when received, he provides a response to the Councilmember who forwards the e-mail. In that e- mail, he explains what staff plans to do and copies the Councilmembers so all know it is being investigated. The City Council indicated its support for that current process. Councilmember Ryan stated when something like this comes up and a Councilmember is interested in what other Councilmembers think, it would be appropriate to bring it forward as a miscellaneous item at a Study Session without concern about violating the open meeting law. Councilmember Myszkowski stated she appreciates the caution being used with the open meeting law. MISCELLANEOUS Councilmember Lasman supported staff attending the September 15, 2012, meeting relating to Hennepin County charging Brooklyn Center for dispatch. Mayor Willson noted he will attend that meeting and reviewed items to which he had testified before the Hennepin County Board relating to the number of deputies and funding. Councilmember Kleven requested an update on the Metropolitan University project. Mr. Boganey advised that Brooklyn Center is one of two sites; however, nothing is final. He indicated the developer remains in conversation with Minnesota State Colleges and Universities (MnSCU) and is optimistic. Councilmember Ryan indicated that late this morning he had received an e-mail from Tommy Watson, a motivational speaker interested in student educational issues. He explained that Mr. Watson is a former grade school principal and wants to engage educators and service providers in a workshop on October 24, 2012. Councilmember Ryan stated he will forward this request to Mr. Boganey for feedback. RESULTS OF CITY CODE RESIDENT SURVEY Ms. Schleuning began a presentation of the resident survey results relating to parking, driveways, and waste containers. Discussion on this item continued and reached conclusion at the August 27, 2012, Work Session. 08/27/12 -3- ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:44 p.m. Motion passed unanimously. 08/27/12 -4- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study/Work Session of the City Council of the City of Brooklyn Center held on August 27, 2012. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its September 10, 2012, Regular Session. ��l J City Clerk Mayor 08/27/12 -5-