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HomeMy WebLinkAbout2009 04-27 CCM Regular Sessioni 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 APRIL 27, 2009 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Canter City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:48 O.m. ROLL CALL Mayor Tim Wilson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug6 Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Cit}, Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Will son opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5520 Fremont Ave N, asked the Council to consider the creation of a community garden, possibly involving the Brooklyn Center Centennial Committee to expand activities to include all citizejns. He suggested the creation of a community garden is too daunting for private residents to und6rtake and City support is needed to bring such a resource to Brooklyn Center. No one else wisl ied to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Rev. Dr. Jerry O'Neill, Cross of Glory Lutheran Church, provided the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING i The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. i 04/27/09 -1- 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, 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, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 13, 2009 - Study Session 2. April 13, 2009 - Regular Session 3. April 13, 2009 - Work Session 6b. LICENSES MOTOR VEHICLE DEALERSHIP Cars with Heart Brookdale Metro Mitsubishi R.L. Brookdale Motors MECHANICAL Air Corps LLC Knitht Heating & Cooling Louis Degidio Services M & D Plumbing & Heating Major Mechanical Schadeeg Mechanical 6121 Brooklyn Blvd 7231 Brooklyn Blvd 6801 Brooklyn Blvd 3700 Annapolis Lane, Plymouth 13535 89th Avenue NE, Otsego 21033 Heron Way, Lakeville 11050 26th Street NE, St. Michael 11201 86th Avenue N, Maple Grove 225 Bridgepoint Dr., So. St. Paul RENTAL INITIAL 4701 Eleanor Lane 6412 Lee Avenue N 6906 Newton Avenue N RENEWAL 3501 47th Avenue N Charles Bright Rebecca Merdan Eric Syrstad Richard Grommes 1 1 1 04/27/09 -2- 3513 47th Avenue N Willow Lane Apts. 7015 Brooklyn Blvd 4700 Lakeview Avenue 2928 67`" Lane N 3913 France Place 6007 Gir: Ord Avenue N 5636 Irvi rig Avenue N 5307 Penn Avenue N Richard Grommes Jason Quilling Nancy Dahlquist Benjamin and Nicole Tramm Betty Nelson Ben Dossman Bruce Goldberg Ben Dossman SIGN HANGER Signatior, Sign Group 6840 Shingle Creek Parkway i Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION REGARDING DISTRICT COURT BUDGET Police Chief Bechthold introduced Hennepin County Chief Judge James Swenson and Hennepin County Attorney' Michael Freemen. Chief Judge James Swenson, 4th Judicial District of Hennepin County, advised of the high number of cases handled by the 4th Judicial District and described the Statewide budget reductions to the, judicial branch. Councilmember Yelich asked what is being done to eliminate redundant paperwork and increase productivity in pocessing case loads. Judge Swenson described how the courts are beginning to use technology do electronically file and process cases. However, to bring that same efficiency to out-state Minnesota, additional bandwidth is needed so application has been made for TARP funds. Hennepin County Attorney Michael Freemen described the high case load of his office and advised that while real gains have been realized in Brooklyn Center to reduce crime, some challenges remain. Mr. Freemen emphasized the importance of getting out the message that courts cannot do' its job without an adequate number of judges on the bench and support staff. He commended Brooklyn Center for recognizing and making a difference in the last three years. Police Chief Bechthold stated for the past two years, the community has been working aggressively to fight crime, and crime in Brooklyn Center was down last year for the first time in five years. To date, crime is down 15% and Part I crime is down 13%. Police Chief Bechthold gave credit to gi eat and proactive police work and collaboration with neighborhood groups that have resulted in the arrest of criminals. He stated this could not have been done without the support of the City Council and City Manager. Police Chief Bechthold urged the Council's support of the judicial branch to assure adequate funding of courts to preserve the law and that enforcement efforts are carried out to their completion. 04/27/09 -3- Mayor Willson stated the Council's appreciation to Judge Swenson and Attorney Freemen for their presentations and stated the City would need to look at the resulting impacts to Brooklyn Center. Councilmember Ryan moved and Councilmember Roche seconded to communicate to the Governor and Legislature that the court system of the State and County must be properly supported by proper funding. Councilmember Ryan stated these presentations have brought awareness to the serious impact of not financially supporting the court system and the need for a budget that assures a fully functioning court system. Councilmember Lasman surged residents who have listened to this presentation to also respond and speak as a unified voice on behalf of court funding. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2009-04 RELATING TO ZONING AND THE REGULATION OF ADULT ESTABLISHMENTS: AMENDING SECTION 35-2182 TO THE BROOKLYN CENTER CODE OF ORDINANCES Mr. Boganey introduced the item and discussed the history of the proposed Ordinance related to zoning and the regulation of adult establishments and that it would allow the City to opt out of the State law governing these establishments. The ordinance is being considered tonight for second reading and Public Hearing. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing at 7:50 p.m. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Councilmember Lasman explained the federal district court found the Statute may violate first amendment rights and serious questions were raised about its constitutionality so the Council is considering opting out to protect the City. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2009-04 Amending Chapter 35-2182 to the City Code of Ordinances Regarding Zoning and the Regulation of Adult Establishments. 04/27/09 -4- i Councilmember Roche thanked the Planning Commission for its diligent work on this matter. Motion passed wianimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009-60 RECEIVING AND ACCEPTING THE DECISION RESOURCES, LTD SUMMARY OF FINDINGS FOR THE 2009 CITY OF BROOKLYN CENTER RESIDENTIAL SURVEY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution is to receive and accept the 2009 Brooklyn Center residential citizen survey. I Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-60 Releiving and Accepting the Decision Resources, LTD Summary of Findings for the 2009 City of Brooklyn Center Residential Survey. Mayor Willson asked that the summary of findings be posted on the City's website. Motion passed a ianimously. 10b. RESOLUTION NO. 2009-61 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2009-01, 02, 03, 04, 09, 11 & 12, FOR THE 2009 NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS (ALDRICH AREA), JAMES CIRCLE WATERMAIN RELOCATION, CENTERBROOK GOLF COURSE WATERMAIN IMPROVEMENTS, AND EMERGIENCY BYPASS FOR LIFT STATION NO. 6. Mr. Lillehaug introduced the item and presented the bids, noting they are favorable and recommended the City Council approve the resolution to accept the lowest responsible bid and award the contract. Councilmember Ryan stated the Council is oftentimes asked why the City is doing the project now during har3 economic times; however, the projects are budgeted separately from the General Fund. lvlr. Lillehaug reviewed the funding sources detailed in the draft resolution and explained which1would be assessed to benefiting property owners. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION X10. 2009-61 Accepting Bid and Awarding a Contract, Improvement Project Nos. 2009-1, 42, -03, -04, -09, -11 & -12, for the 2009 Neighborhood Street and Utility Improvements (,Aldrich Area), James Circle Watermain Relocation, Centerbrook Golf Course Watermain Improvements, and Emergency Bypass for Lift Station No. 6. 04/27/09 -5- Motion passed unanimously. 10c. 2009 BUDGET AMENDMENTS 1. RESOLUTION NO. 2009-62 AMENDING THE 2009 GENERAL FUND BUDGET Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He stated the amendments are recommended in response to the anticipated reduction in LGA money available to the general fund. Mr. Boganey advised that staff believed the suggested reductions are sustainable. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-62 Amending the 2009 General Fund Budget. Motion passed unanimously. 2. RESOLUTION NO. 2009-63 AMENDING THE SPECIAL REVENUE FUND BUDGETS Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-63 Amending the 2009 Special Revenue Fund Budgets. Motion passed unanimously. 3. RESOLUTION NO. 2009-64 AMENDING THE 2009 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-64 Amending the 2009 Public Utility Fund Budgets. Mayor Willson expressed his regret that this decision would impact seven employees. Councilmember Ryan concurred with that sentiment and described the Council's detailed review of the 2009 budget. He noted that senior staff has indicated the recommended adjustments are sustainable and still provides funding for essential services. Motion passed unanimously. Mr. Boganey advised that because of the budget cuts, the Police Station will no longer provide extended hours. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: • April 15, 2009, Police and Citizen Recognition Ceremony at the Civic Center. 04/27/09 -6- • April 16, 2009, 57`h and Logan Environmental Remediation Update. • April 17, 2009, Brooklyn Center Fire Fighters Appreciation Dinner. • April 22, 2009, participated in the ISAIAH Town Hall Meeting to provide information on the City's foreclosure strategy. • April 25,;2009, Brooklyn Center Earth Day activities to pick up litter at Marlin Park and clean up Ventral Park. • April 21, 2009, Park and Recreation meeting to plan the April 29, 2009, Evergreen Park Neighborhood Meeting. Councilmember Lasman reported on her attendance at the following events: • April 15, ;2009, Annual Crime Prevention Award Ceremony. • April 16,;2009, MPCA Public Meeting and Open House on the 57`h and Logan site. • April 17, 2009, Brooklyn Center Fire Department Awards Dinner. • April 19,,'2009, Fire Department Annual Pancake Breakfast. • April 20, 12009, Board of Equalization. • April 21,!2009, Vacant Property and Property Maintenance Workshop. • April 22, 2009, ISAIAH meeting to participate in a roundtable discussion about how to improve the community. • April 25,2009, Annual Riverwood Neighborhood Breakfast, Shingle Creek Cleanup, and Lioness Luncheon. • April 26, 12009, Lions Pancake Breakfast. Councilmember Roche reported on the following: • He congratulated the elementary students from Garden City and Odyssey Academy who won awards from the US Postal Service in its letter writing contest and announced the award ceremonies will be on Tuesday, April 28, 2009. • He anno raced the May 5, 2009, Cinco De Mayo "BC Reads" celebration at the Brookdal . Mall food court. • He annol nced the April 29, 2009, Senior Forum at the Community Center. • He thanked all who participated in the Great Shingle Creek Watershed Cleanup event. • His attendance at the April 22, 2009, ISAIAH meeting and commended Councilmember Yelich or i his talk about housing. • His atteridance at the April 21, 2009, Workshop at the Police Department to address Vacant Dousing Code Enforcement and thanked the Housing Commission for attending. • He encouraged residents who notice garbage, unkempt yards, or abandoned cars to call City Hall and request code enforcement, advising calls are anonymous. • His attendance at the April 25, 2009, Earle Brown Days Board of Directors meeting. • His attendance at the April 19, 2009, Pancake Breakfast and Tour at the Police Department. • His attendance at the April 17, 2009, Firefighter's Appreciation Dinner. • His attendance at the April 16, 2009, Pilgrim Cleaners Pollution Vapor Remediation meeting. • His attendance at the April 15, 2009, Police and Citizen Awards Ceremony. • His atten lance at the April 24, 2009, Embassy Suites soft opening. 04/27/09 -7- Councilmember Roche stated the Convention Center has never looked better and will make residents proud. Councilmember Ryan reported that he had attended all the meetings detailed by Councilmember Lasman except for the Lioness luncheon. Mayor Willson stated he also attended the meetings detailed by Councilmember Lasman as well as the Lioness luncheon. Mayor Willson reported on his attendance at the Brooklyn Center Crime Prevention Awards for the unsung heroes of the Brooklyn Center Police Department and others in the northwest region. This award ceremony was also attended by the Brooklyn Park Police Chief and Hennepin County Sheriff's Deputies who recognized their efforts in Brooklyn Center. Mayor Willson stated the Council just heard a presentation about the consequences of an unfunded judicial system. He noted the City's Police Officers are just as busy and asked the Police Chief to relay the Council's appreciation to the Police Department for its work. Mayor Willson also asked staff to post the names of the people and why they were recognized on the City's website. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roach seconded adjournment of the City Council meeting at 8:25 p.m. Motion passed unanimously. 1 04/27/09 -8- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF L ROOKLYN CENTER) The underyigned, 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 April 27,1t009. 2. Than said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. Thz.t the City Council adopted said minutes at its May 11, 2009, Regular Session. Aar-ro L0JJAy1./ City Clerk 1 1 D dim Mayor 04/27/09 -9-