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HomeMy WebLinkAbout2008 10-13 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 OCTOBER 13, 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, Acting Public Works Director/City Engineer David Peterson, Community Development Director Gary Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Diane Sannes, 7006 Willow Lane North, appeared before the Council and requested to be provided with information regarding the process to coordinate a Sesquicentennial Event with the State of Minnesota. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Dave Johnson, Parish Administrator, St. Alphonsus Catholic Church provided 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 7:00 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, Acting Public Works Director/City 10/13/08 -1- Engineer David Peterson, Community Development Director Gary Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported attending the following events: ■ October 4, 2008: 48th Anniversary Celebration of Nigeria's Independence Day sponsored by Minnesota Institute for Nigerian Development. ■ October 8, 2008: First of two Comprehensive Plan Citizen Input meetings. The second meeting will be held October 15, 2008, at 6:30 p.m. in Constitution Hall. Citizens are encouraged to attend. Councilmember Lasman reported her attendance at the following events: ■ October 11, 2008: Fire Department Open House. ■ October 12, 2008: Riverwood Neighborhood Pumpkin Fest. Councilmember Yelich reported attending the Comprehensive Plan Citizen Input meeting on October 8, 2008. Councilmember O'Connor reported attending the October 8, 2008 Comprehensive Plan Citizen Input meeting. Mayor Willson reported attending the following events: ■ October 1, 2008: Domestic Violence Candlelight Vigil at Central Park. ■ October 7, 2008: Brooklyn Center/Brooklyn Park Mayor's Roundtable was held. He did not attend as he had recorded the incorrect time for the meeting. City Manager Boganey was present. ■ October 8, 2008: Visit Minneapolis North Convention Bureau meeting. ■ October 8, 2008: Comprehensive Plan Citizen Input meeting for the east side of the City. The next meeting will be held on October 15~' at 6:30 p.m. for the west side of the City. ■ October 8, 2008: Riverwood Neighborhood meeting. ■ October 11, 2008: Fire Department Open House. ■ October 12, 2008: Riverwood Neighborhood Second Annual Fall Pumpkin Fest. ■ Thank you to Councilmember Ryan for attending the Nigerian Independence Day event, as he had a scheduling conflict. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested the removal of agenda item 7d and 7e from the Consent Agenda. 10/13/08 -2- Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, with the removal of Item Nos. 7d and 7e from the Consent Agenda to Council Consideration Item Nos. IIj and Ilk, respectively, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. September 22, 2008 - Study Session 2. September 22, 2008 - Regular Session 3. September 22, 2008 Work Session 7b. LICENSES MECHANICAL Efficient Air Control Htg & A/C Flare Heating & Air Heating & Cooling Two Inc. Jay Hawk Mechanical Priority Air Mechanical Summit Heating and Air 1 RENTAL INITIAL 49016 1 " Ave N 5603 Bryant Ave N 6006 Bryant Ave N 3901 Burquest Ln 5630 Irving Ave N 5540 Knox Ave N 5730 Northport Dr 7193 Unity Ave N RENEWAL Twin Lake North Apts 4500 58th Ave N Emerson Chalet 1200 67th Ave N 4013 61 St Ave N 1316 68th Ln N 7055 Perry Ave N 5400 Sailor Ln 6724 Toledo Ave N 15055 Hastings Street NE, Ham Lake 9303 Plymouth Avenue, Golden Valley 18550 County Road 81, Maple Grove 1245 Choke Cherry Road, Lino Lakes 101 Isanti Parkway, Isanti 1711 County Road H2, St. Paul Antonio Smith Michael Skrogstad Faheem Rizvi Edwin Ngang Mary Gilleshammer Roberto Rodriguez Trinh Nguyen Mary Turcotte TLN LA NEL Tom Morrow Toua Vang Valeria Blount McKissack Nguyen Investment Group Duane Christiansen Steven & Cheryl Schleif 7c. RESOLUTION NO. 2008-106 APPOINTING ADDITIONAL ELECTION JUDGES 1 10/13/08 -3- 7d. RESOLUTION NO. 2008-107 DECLARING A PUBLIC NUSIANCE AND ORDERING THE REMOVAL OF DEAD TREES WHICH CREATE A PUBLIC SAFETY HAZARD This item was moved to Council Consideration Item No. 11j. 7e. RESOLULUTION NO. 2008-108 DECLARING A PUBLIC NUSIANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was moved to Council Consideration Item No. 11 k. Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 9. PUBLIC HEARING 9a. FRANCHISE FEE INCREASE Mr. Boganey stated Council is being requested to reschedule the Public Hearing for the franchise fee increase to November 24, 2008, because the publication for tonight's Public Hearing did not occur. Councilmember Yelich moved and Councilmember Lasman seconded to schedule Franchise Fee Increase Public Hearing for November 24, 2008. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS None. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008-109 AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE SAFE AND SOBER COMMUNITIES GRANT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion that this grant involves officers patrolling for drunk drivers within the City limits, including City streets and freeways. Mr. Bechthold answered questions of the Council. He explained that this is a collaborative grant of $60,000 split amongst five cities in the County. Brooklyn Center's allotment is nearly $15,000 and will involve 300 hours of enforcement spread over five grant periods. There will be some 10/13/08 -4- collaboration with the State Patrol, but it will be separate from the City's grant. He reviewed the procedures followed to determine individuals that are driving drunk. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2008-109 Authorizing the Execution of Agreement for the Safe and Sober Communities Grant. Councilmember O'Connor stated her opposition to layers of government getting together, such as with the State providing grants to counties and cities. Councilmember O'Connor voted against the same. Motion passed. 11b. RESOLUTION NO. 2008-110 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2008-05,06,07, AND 08, CONTRACT 2008-B, XERXES AVE/NORTHWAY DRIVE STREET AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-110 Approving Change Order No. 2, Improvement Project Nos. 2008- 05, 06, 07, and 08, Contract 2008-B, Xerxes Ave/ Northway Drive Street and Utility Improvements. Councilmember O'Connor voted against the same. Motion passed. 11c. RESOLUTION NO. 2008-111 APPROVING VERIZON WIRELESS CELLULAR SITE STANDBY GENERATOR INSTALLATION AND SITE LEASE AMENDMENT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Peterson answered questions of the Council. There was discussion on decibel level standards. It was noted that all expenses from the generator installation will be borne by Verizon Wireless. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-111 Approving Verizon Wireless Cellular Site Standby Generator Installation and Site Lease Amendment. Motion passed unanimously. 1 10/13/08 -5- lld. RESOLUTION NO. 2008-112 ESTABLISHING 2009 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution, and answered questions of the Council. Mr. Boganey explained that the cost of utility improvements included in a reconstruction project are born by the utility fund and are not assessed against the property owner. The cost of utilities may go up, but the property owner does not bear those costs. It was noted that bids have been coming in lower than expected with some projects, and that hopefully this trend will continue. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-112 Establishing 2009 Street and Storm Drainage Special Assessment Rates. Councilmember O'Connor stated her position that it would be better to reduce the amount of work that is done on the streets, such as eliminating the installation of curbs, in order to keep from increasing costs. Councilmember O'Connor voted against the same. Motion passed. Ile. RESOLUTION NO. 2008-113 ACCEPTING BID, AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008-16, CONTRACT 2008-J, AUTOMATIC METER READING Mr. Peterson introduced the item, discussed the history, and stated the purpose of the proposed resolution. He advised staff recommends awarding Bid Alternate No. 1 which represents all meters in the City being replaced with battery and radio transmitter mounted on the meter inside the building. A representative of TKD provided information on the differences between the base bid and Alternate No. 1. It was noted that with the meter replacement, residents will no longer need to read their meters and the City will have a more accurate picture of usage. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-113 Establishing Project, Accepting Bid, and Awarding a Contract, Improvement Project No. 2008-16, Contract 2008-J, Automatic Meter Reading. It was suggested that residents be charged a meter fee, rather than a deposit that is paid back when the resident moves. Mr. Peterson explained the main reason for the current deposit procedure is to ensure that the meter is still intact when the resident moves. The deposit is not returned if the meter were to freeze or break due to neglect or the heat being shut off. Mr. Boganey indicated that bonds will be sold in order to fund the cost of this improvement; the bonds will be built into the utility fees for future years. He pointed out that the State is 10/13/08 -6- encouraging all cities to move towards utility rates that are structured to encourage conservation. The only way to do this would be to have good data about water utilization. It was noted that the meter replacement will get the City closer to an electronic format. There was discussion on the improved customer service that will be provided with the meter replacement and that there will be savings in administrative costs in relation to the increasing delinquent water bills and postage. Councilmember O'Connor voted against the same. Motion passed. 11L RESOLUTION NO. 2008-114 AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution, and answered questions of the Council. Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008-114 Amending the Schedule for Planning and Inspection Fees. Motion passed unanimously. llg. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE ABATEMENT OF GRAFFITI Ms. Schleuning provided an overview of the proposed graffiti ordinance, including background information and the proposed ordinance standards. It was noted that there are considerable staff resources associated with addressing graffiti, and that gang-related activity is often involved with tagging or marking an area. Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing on November 10, 2008, for an Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti. Staff was commended on addressing graffiti with the proposed ordinance. It was noted that in relation to addressing graffiti, the City Manager is accountable and responsible to the City Council to ensure that the City Codes are followed. There was discussion on Section 19-3005, specifically in relation to Item 5: Cost Recovery. It was noted that residents that see anything suspicious should call 911. Councilmember O'Connor voted against the same. Motion passed. 10/13/08 -7- 11h. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION AND REGULATION OF VACANT BUILDINGS Ms. Schleuning presented background information on the proposed ordinance and provided an overview of the proposed criteria of the Vacant Building Management Ordinance. Staff was commended on the work involved and the proposed ordinance. There was discussion on Section 12-1504, Item 3, specifically in relation to the City's authority for abatement and recovery of costs. It was suggested that vacant buildings include a posting of the owner, any pertinent information regarding responsible parties involved with the property, as well as City phone numbers, in order to expedite complaints and keep the property in as acceptable condition as possible. Mr. Boganey replied this amendment could be prepared for the second reading of the ordinance. Councilmember O'Connor stated concern that the proposed ordinance would reduce the chance of houses being sold due to the requirement to pay the registration fee. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing on November 10, 2008, for an Ordinance Amending Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to the Registration and Regulation of Vacant Buildings. Councilmember O'Connor voted against the same. Motion passed. 11i. AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 12 RELATING TO INSPECTIONS AND NOTIFICATION Ms. Schleuning introduced the item and provided an overview of the proposed ordinance. Councilmember Yelich moved and Councilmember Lasman seconded to approve first reading and set second reading and Public Hearing on November 10, 2008, for an Ordinance Amending Certain Sections of Chapter 12 Relating to Inspections and Notification. Staff was commended for the thorough and systematic approach to address this issue. Councilmember O'Connor voted against the same. Motion passed. 11j. RESOLUTION NO. 2008-107 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES WHICH CREATE A PUBLIC SAFETY HAZARD Councilmember O'Connor requested a staff overview of the proposed resolution. Mr. Boganey stated the purpose of the proposed resolution. He explained Council is being requested to declare the subject tree, which is dead and an imminent threat to the adjacent property, a public nuisance. 10/13/08 -8- Following adoption of the ordinance staff will provide notice to the property owner to require that the tree be removed from the property. Failing action by the property owner, the City would hire a contractor who would remove the dead tree, and the cost would be applied against the property as special assessment. This is a dead tree, as opposed to a diseased tree. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008-107 Declaring a Public Nuisance and Ordering the Removal of Dead Trees Which Create a Public Safety Hazard. Motion passed unanimously. Ilk. RESOLUTION NO. 2008-108 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Councilmember O'Connor stated she will be voting against the proposed resolution. In the future she would like action for the removal of diseased trees to be a separate item on the agenda, rather than including it on the Consent Agenda. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008-108 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. The majority consensus of the City Council was that action to declare a public nuisance and order the removal of diseased trees should remain on the Consent Agenda in the future. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:35 p.m. Motion passed unanimously. 1 10/13/08 -9- 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 Regular Session of the City Council of the City of Brooklyn Center held on October 13, 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 October 27, 2008, Regular Session. City Clerk Mayor 1 1 1 10/13/08 -10-