Loading...
HomeMy WebLinkAbout2008 11-24 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 NOVEMBER 24, 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, Public Works Director/City Steve Lillehaug, Community Development Director Gary Eitel, Fire Chief Lee Gatlin, Police Commander Tim Gannon, Assistant to the City Manager Vickie Schleuning, 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. Ms. Denise Anderson, 5848 Dupont Avenue North, addressed the Council and expressed her concern regarding the rental property located directly next to her home. She stated her neighbor down the street is also attending tonight. She stated she is here to see what the City can do to help them out with rental properties in the City. She sent emails and received responses from a few of the Council members, but did not receive any resolute answers. Mr. Boganey requested Ms. Anderson to state what she is requesting of the City. Ms. Anderson replied her request is that the City deny rental of the subject property. As a citizen that has dealt with numerous issues there and she would like to see it not be a rental property. The property was for sale, and the for sale is down as of today. She has been in contact with the homeowners numerous times. There were gunshots fired and her home was surrounded by police officers saying she needed to get back in her home and shut the door. She does not know where to go on this and is asking for help from the City Council. Mayor Willson informed Ms. Anderson that information provided from staff and the Police Department will be used for discussion on her request and concerns. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. I 1 /24/08 -1- 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 7:00 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, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Planning, Fire Chief Lee Gatlin, Police Commander Tim Gannon, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan: No report Councilmember Lasman reported on her attendance at the following events: ■ November 15th - Brooklyn Historical Society Sesquicentennial Event at Brookdale Library ■ November 19th - Crime Prevention Meeting ■ November 20th - Special Events Committee Meeting: Brooklyn Center Awards Night Celebration will be held on February 7, 2009, at the Earle Brown Heritage Center Councilmember Yelich: No report Councilmember O'Connor reported on her attendance at the following event: ■ Brooklyn Historical Society Meeting ■ Housing Commission Meeting ■ Cable Commission Meeting ■ League of Minnesota Cities and Metro Cities Conference Mayor Willson reported ■ November 14th - City Council meeting with City Attorney LeFevere to complete the City Manager Review ■ November 17th - Budget Committee meeting with the full Council present 11/24/08 -2- ■ November 18th - Dangerous Dog Hearing ■ November 19th - Visit Minneapolis North meeting ■ November 19th - meeting with Northwest Hennepin Human Services Council ■ November 23rd - North Brookdale Alliance Church joint Sunday service with the Hmong community that shares the church facility 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of November 10, 2008, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. November 5, 2008 - Special Session 2. November 10, 2008 - Study Session 3. November 10, 2008 - Regular Session 4. November 10, 2008 - Work Session 7b. LICENSES CHRISTMAS TREE SALES 5040 Brooklyn Blvd Farm 3245 Bass Lake Road Farm PQT Company dba Rum River Tree PQT Company dba Rum River Tree MECHANICAL D L Johnson Heating and Air Neil Heating & A/C Superior Heating, Air Conditioning, & Electric Inc. Total Air, Inc. RENTAL INITIAL Xerxes Avenue, LLC 5211 Xerxes Ave N 6837 Beard Ave N 6807 Humboldt Ave N C304 6813 Humboldt Ave N B202 6819 Humboldt Ave N A104 3112 Charles Rd RENEWAL Brookside Manor Apts 1300 67~h Ave N 19620 Jackson Street NE, East Bethel P O Box 29292, Minneapolis 3731 Thurston Avenue, Anoka 9060 247d` Street E, Lakeville Chad Johnson Ryan Meyer Raymond Charest Raymond Charest William Lind Cha Lee Anda Construction 11/24/08 -3- 5347-53 Brooklyn Blvd Randall Cook 5316-20 Russell Ave N Daniel Hedlund 5337 70'' Cir Gary Bistodeau 6618 Colfax Ave N Momolu & Florence Kpakelipaye 5906 Dupont Ave N Bruce Goldberg Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 9. PUBLIC HEARING 9a. ORDINANCE AMENDMENTS REGARDING THE SALE OF MOTOR VEHICLES 1. ORDINANCE NO. 2008-13 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES 2. ORDINANCE NO. 2008-14 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES Mr. Boganey introduced both items, discussed the history, provided an overview of the proposed ordinance amendments, and answered questions of the City Council. There was discussion on Section 23-1205. Mr. Boganey explained car dealer licenses are issued by the State. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing on Ordinance Nos. 2008-13 and 2008-14. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. There was discussion on Section 23-1205, specifically in relation to car dealer licenses. Mr. Boganey stated individuals are required to obtain a car dealer license to sell both new and used cars in the State. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008-13 Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Motion passed unanimously. 11/24/08 -4- Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2008-14 Amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Councilmember O'Connor moved to amend the proposed ordinance as follows: Section 35-322, 3, e: The sale of motor vehicles at retail provided the use is conducted on at least a dffee-(3) two (2) acre parcel of land containing a structure or structures occupying a minimum of fifteen percent (15%) of said parcel of land. Motion died for lack of a second. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS None. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008-126 ENTERING INTO A JOINT POWERS AGREEMENT TO PARTICIPATE IN THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH Mr. Boganey introduced the item, discussed the history, provided an overview of the Joint Powers Agreement (JPA) to participate in the Brooklyn Bridge Alliance for Youth, and answered questions of the City Council. There was discussion on possible costs incurred by the City in the future association with the JPA. Mr. Boganey clarified that to date there has been no discussion among the possible JPA members about any financial contributions that would be required by members. However, there is staff time involved to operate and run this type of program. The JPA will likely apply for grants to various agencies and foundations to fund those costs. The JPA collaboration will likely improve the chances of the organization receiving outside funding. He pointed out that it would not be fair to assume that there will never be a request to each of the members to contribute; however, that will not be known until they proceed further with the collaboration and begin looking at various costs. He stressed that the proposed JPA does not commit any of the parties to any financial contributions. Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2008-126 Entering into a Joint Powers Agreement to Participate in the Brooklyn Bridge Alliance for Youth. Councilmember Yelich questioned whether the proposed Brooklyn Bridge Alliance will be an effective solution for crime reduction. He expressed concern regarding the possible costs incurred by the City as a member of the Alliance, the need for comprehensive strategies to address crime, and the possibility of efforts being duplicated with youth programs being 11/24/08 -5- coordinated by the Northwest Hennepin Human Services Council (NWHHSC). He stated his opposition to the proposed resolution. Mayor Willson stated his support of the proposed resolution and the City's involvement in the Brooklyn Bridge Alliance. There was discussion on the regional efforts of the proposed Brooklyn Bridge Alliance and the effort to address the issue of youth crime, comprehensive strategies of the City to address crime, and the PERF Study in relation to the efforts of the proposed Alliance. It was noted that there has been discussion on the likely cuts to youth programs due to NWHHSC funding cuts. Councilmembers Yelich and O'Connor voted against the same. Motion passed. 11b. RESOLUTION NO. 2008-127 AUTHORIZING THE EARLY ORDER/PURCHASE OF SIX 2009 FORD CROWN VICTORIA POLICE PATROL VEHICLES Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution, and answered questions of the City Council. Mr. Boganey clarified that the patrol vehicles will be three years old at the time they are replaced, that the request is to make the order now rather than a few months from now in January, and that the replacement vehicles were ordered at the same time of the year last year. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-2008-127, Authorizing the Early Order/Purchase of Six 2009 Ford Crown Victoria Police Patrol Vehicles. Motion passed unanimously. 11c. FRANCHISE FEE ORDINANCE AMENDMENTS 1. AN ORDINANCE AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; FEE SCHEDULE FOR AN ELECTRIC FRANCHISE FEE ON XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER 2. AN ORDINANCE AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; FEE SCHEDULE FOR A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey introduced both items, discussed the history, and stated the purpose of the proposed ordinance amendments. There was discussion on the proposed rate increases. 11/24/08 -6- Mr. Jordet answered questions of the City Council on the proposed ordinances and proposed fee schedules. In response to questions on the utility classifications as outlined in the October 29, 2008, letter from CenterPoint Energy Minnegasco, Mr. Jordet stated staff will provide this information for the second reading of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee from Xcel Energy for Providing Electric Service Within the City of Brooklyn Center. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a Natural Gas Franchise Fee on Centerpoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Councilmember O'Connor voted against the same. Motion passed. 11d. REQUEST FOR PROPOSALS FOR BANKING SERVICES Mr. Jordet introduced the item, discussed the history, stated the purpose of the proposed request for proposals, and provided an overview of the proposed Request for Proposals for Banking Services. Mr. Jordet answered questions of the City Council on the Request for Proposals and the City's current banking services. Councilmember Yelich moved and Councilmember Ryan seconded to approve the Request for Proposals for Banking Services. There was discussion on monthly banking fees in relation to the Request for Proposals. Motion passed unanimously. 11e. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES Mr. Gatlin introduced the item, discussed the history, and provided an overview of the proposed ordinance. Councilmember Yelich moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Chapter 5 of the City Code of Ordinances. 11/24/08 -7- There was discussion on Section 5-203, specifically in relation to restrictions on recreational fires. It was noted that while it is proposed that permits are no longer required for recreational fires, information on recreational fire permits will be publicized in the local newspapers, the City website, and the City Watch. There was discussion on Section 5-101, specifically in relation to administration of fire department personnel. There was also discussion on Section 5-200, Adoption of the Fire Prevention Code. Mr. Boganey explained that the proposed ordinance puts the Fire Department on the same footing as the other operating departments of the City and gives the Fire Chief the same authority of other department directors. It was clarified that the Fire Chief has authority to terminate employees for insubordination. Councilmember Yelich moved and Councilmember Ryan seconded to end debate. Councilmember O'Connor voted against the same. Motion passed. The question was called on the main motion on the floor. 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 8:13 p.m. Motion passed unanimously. 1 11/24/08 -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 November 24, 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 December 8, 2008, Regular Session. 1 4~y~~ City Clerk Mayor 11/24/08 -9-