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HomeMy WebLinkAbout2008 09-08 CCM Regular SessionMINUTES 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 SEPTEMBER 8, 2008 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 called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 09/08/08 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported on the following: ■ Attendance at the August 26th neighborhood area meeting held at Northport Park. The focus was on public safety, crime prevention, and community development. The fourth neighborhood area meeting this year will be at 6:30 p.m. on Thursday, September 18, at Willow Lane Park. ■ Everyone is encouraged to get out and Vote at the Primary Election. Councilmember Lasman reported on the following: ■ Attendance at the August 26th neighborhood area meeting held at Northport Park. The next neighborhood area meeting will be held at 6:30 p.m. on Thursday, September 18th at Willow Lane Park. Information will be provided on what the Police Department is doing as well as on commercial development. ■ Everyone is urged to get out and vote at the primary election on September 9th. The primary is very important in Brooklyn Center; eight people have filed for candidacy for the City Council. This will be reduced to four candidates for the general election based on the results of the primary. Councilmember Yelich reported on the following: ■ Attendance at the August 26th neighborhood area meeting held at Northport Park. ■ Benefits of eCitizen and the good response from staff to a request submitted about addressing graffiti. Councilmember O'Connor stated she has nothing to report. Mayor Willson reported on the following: ■ Attendance at the August 26th neighborhood area meeting held at Northport Park. ■ Attendance at a meeting today with Senator Scheid and representatives of the Department of Agriculture regarding the Howe Fertilizer Site. There is debate as to whether the Minnesota Pollution Control Agency, the Department of Agriculture, or both have jurisdiction on this property. ■ Two memos from the League of Minnesota Cities: 1) Board of Directors recognition of Senator Scheid for her legislative contributions during the 2008 legislative session; 2) Board of Directors recognition of Representative Hilstrom for her legislative contributions and help with city initiatives. He requested that the next City Council meeting include Mayor's proclamations on the recognitions. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with corrections to the Joint Work Session with Financial 09/08/08 -2- 1 Commission minutes of August 18, 2008, and corrections to the Regular Session minutes of August 25, 2008, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. August 18, 2008 - Joint Work Session with Financial Commission 2. August 25, 2008 - Study Session 3. August 25, 2008 - Regular Session 4. August 25, 2008 - Work Session 7b. LICENSES MECHANICAL Neighbor Dave's Heating RENTAL INIT2AL 5318 62nd Ave N 5401 France Ave N 5931 Halifax PI 6437 June Ave N 6601 Unity Ave N 4118 Woodbine Ln 1 RENEWAL 6221 Shingle Creek Pkwy View Pointe at Shingle Creek 2912 69th Ln N 3907 Burquest Ln 6418 Kyle Ave N 5308 Lilac Dr N 6443 Marlin Dr 7000 Quail Ave N SIGNHANGER Demars Signs Motion passed unanimously. 14421 88th St NE, Elk River Mee Moua Kou Vang Jerilou Wiedmeyer Tracy Vu Douglas Wahl Ron & Jeanette Blasewitz Amcon Joseph Feahn Malcolm Vinger Edward Roe Paul Baird Trevor Tjelmeland Steven Macke 11570 Foley Blvd, Coon Rapids 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 9. PUBLIC HEARING 9a. ORDINANCE NO. 2008-9 AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING FLASHING AND ROTATING SIGNS 09/08/08 -3- Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr. Warren provided a brief overview of the proposed ordinance and answered questions of the City Council. There was discussion on the definitions set forth in Section 34-110. Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Ms. Kathy Sandeen, representative of Luther Corporation, located at 6800 Brooklyn Blvd., addressed the City Council and requested clarification on whether the time/date/temperature sign located on the Luther Corporation property is considered a rotating sign. Mayor Willson indicated that the type of sign Ms. Sandeen is referring to is allowed if the message is shown for two seconds or longer. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008-9 Amending Chapter 34 of the City Code of Ordinances Regarding Flashing and Rotating Signs. There was discussion on a previous exception to the size limit for the Brookdale sign. It was noted that this was a single exception due to the unique circumstances. These types of requests would be considered individually. Councilmember O'Connor stated her opposition to the proposed ordinance amendment. She expressed concern that the ordinance gets too detailed in what people can do in the City, and that the City Council can allow changes to the ordinance requirements. Councilmember O'Connor voted against the same. Motion carried. 9b. RESOLUTION NO. 2008-95 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. 1 09/08/08 -4- Mr. Boganey requested that the Council note the letter of appeal from Margaret Tchokouani on special assessments of delinquent utility charges for the property located at 5643 Northport Drive. There was discussion on whether staff recommends that the subject letter be pulled from the resolution until additional information is collected. Mr. Boganey advised that from a staff perspective, they do not believe the request rises to the level of requiring further investigation by staff. For the record, the City Council should receive the letter. After the public hearing has been closed, Council should determine how to proceed. Mayor Willson noted for the record the receipt of a letter of appeal from Margaret Tchokouani on special assessments of delinquent utility charges for the property located at 5643 Northport Drive. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt Ordinance No. 2008-95 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. The question was raised of whether a change in the method of metering the utility use of the residents will result in improved payments by residents that are not up to date on their payments. The motion on the floor was amended as follows: Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No. 2008-95 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS None. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008-96 APPOINTING ELECTION JUDGES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to adopt Resolution No. 2008-96 Appointing Election Judges. Motion passed unanimously. 09/08/08 -5- llb. RESOLUTION NO. 2008-97 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008-15, CITY OF BROOKLYN CENTER FIBER OPTIC NETWORK FOR FIRE STATIONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the following in relation to Improvement Project No. 2008-15: • Approximate rental figure of $15,000 to $18,000 per year for LOGIS use of the Brooklyn Center Police Building as a back-up hot site for operations: actual figure to be verified by staff. ■ Savings resulting from eliminating lease charges that are currently paid for use of the telephone company's lines Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-97 Accepting Bid and Awarding a Contract, Improvement Project No. 2008-15, City of Brooklyn Center Fiber Optic Network for Fire Stations. There was discussion on the City's partnership with the Brooklyn Center School District on the conduit between 65`x' and 67th Avenues on Dupont Avenue. Mr. Boganey explained that the School District had planned to install conduit for their purposes, and staff was aware that the City would ultimately need to have a similar conduit. An agreement was reached to share the cost of the conduit, which reduced the overall cost to the City substantially. There was discussion on the improvement project connecting the fire stations with fiber optic. Mr. Boganey provided a detailed explanation on how the fiber optic connection will enhance the communication speeds which will address fire records software performance issues and prepare these locations as viable solutions for Emergency Management. In addition, the connection will provide the ability for the City to go to a Voice over IP System when the internal telephone system is upgraded. Motion passed unanimously. llc. RESOLUTION NO. 2008-98 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-98 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. lld. RESOLUTION NO. 2008-99 RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON 09/08/08 -6- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-99 Receiving Proposed Charter Amendment and Calling a Special Election Thereon. There was discussion on whether the City Council is required to approve the proposed resolution. Mr. LeFevere advised that the Charter Commission can require a question to be put to the public at an election, which is what they have done in this case. It is required to go through the City Council because the Council runs elections; sets the text of the question and the polling places in the resolution. The Council is required to do this once the Charter Commission submits a proposed charter amendment for an election. In this case it was submitted within the window of time that requires it to be held at the same time as the general election. Mr. LeFevere advised that if the Council declines to satisfy its duty, any member of the Charter Commission or resident could bring suit against the City to call a special election. After Thursday or Friday of this week it will be too late to get notice to the County Auditor of this question, so a special election would need to be held at a different time if a suit were to be filed. This would incur additional cost. It was noted that a special election would cost in the neighborhood of $15,000. Motion passed unanimously. "e. PRELIMINARY TAX CAPACITY AND BUDGET FOR 2009 FISCAL YEAR RESOLUTIONS 1. RESOLUTION NO. 2008-100 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2009 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolutions (Resolution Nos. 2008-100 & 2008-101). He provided a presentation on the following information: ■ City of Brooklyn Center 2009 General Fund Budget Overview ■ City of Brooklyn Center 2009 Housing and Redevelopment (HRA) Budget Overview ■ City of Brooklyn Center Proposed Property Tax Levy There was discussion on the impact to property tax resulting from the phasing out of limited market value. Mr. Boganey indicated there will likely be very few residential property owners that will see their taxes increase because of the phasing out of limited market value; for this to happen there would likely need to be an increase in their property values. In response to questions regarding the tax increase to businesses, Mr. Boganey replied that commercial/industrial properties are disparate and it is difficult to come up with an average, but overall the commercial/industrial increase in tax capacity is 9%. One of the principal reasons 09/08/08 -7- that the average residential properties will have a decline in taxes is because the commercial/industrial sector will be picking up a larger share of the total taxes paid. It was requested that staff provide information on the tax impact on the median home value in the City. It was noted that in relation to the comment made that violent crimes are down in the City, a recent memo showed that the overall crime rate has increased 7% to 8%. Mr. Boganey explained that the first six months of the year showed an overall increase in crime, but a decrease in violent crimes. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-100 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2009. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION NO. 2008-101 ADOPTING A PRELIMINARY BUDGET FOR THE 2009 FISCAL YEAR Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-101 Adopting a Preliminary Budget for the 2009 Fiscal Year. Councilmember O'Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:39 p.m. Motion passed unanimously. 1 09/08/08 -8- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) 1 1 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 Regular Session of the City Council of the City of Brooklyn Center held on September 8, 2008. 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 22, 2008, Regular Session. City Clerk Mayor 09/08/08 -9-