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HomeMy WebLinkAbout2008 06-09 CCM Regular 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 REGULAR SESSION JUNE 9, 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 Engineer Todd Blomstrom, Community Development Director Gary Eitel, 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. Diane Sannes, 7006 Willow Lane N, addressed the Council and announced a Water Quality Day Event will be held in Riverdale Park on Thursday, June 12, 2008. Four hundred plants will be delivered at the park and they will begin planting the City's rain garden at 3:00 p.m. In addition they will be posting "No Dumping Drains to River" stickers on the storm drains they now have in Riverwood. Miss Ava Roche, 816 69 Avenue N, addressed the Council and stated she was riding her bike in a cul -de -sac today when a man yelled at them to leave and stared rudely at them. Mr. Tim Roche, 816 69 Avenue N, addressed the Council and stated the person in question was at the home on the northeast corner of 67 Avenue N, opposite of 500 67 Avenue N. He stated this is commonplace with this individual and he should be notified that cul -de -sacs are public property and children should be able to ride their bikes in cul -de -sacs. Mr. Roche raised the following additional issues: Suggestion for a more accessible bus route extension. He asked who should be contacted with this suggestion. The lawn at 69 Dupont Avenues North has not been mowed. With the amount of foreclosed homes he suggests looking into charging the businesses, banks and entities that hold the mortgages on foreclosed homes for the cost the City incurs in mowing the lawns until they begin doing the maintenance themselves. Parking issue: his friend received a ticket for parking on 69 Avenue while they were in his front yard. He finds this disturbing on a road that does not have curb and gutter and is wider than Bryant Avenue. He stated the parking restriction was only intended to be in front of the apartments. Ms. Diane Sannes, 7006 Willow Lane N, addressed the Council and provided the following information: 06/09/08 -1- The 100 Birthday Celebration kick off meeting was held and subcommittee meetings have been held. The "Impact Tomorrow" project has been started. Due to foreclosures and the impact on economic development the City's small businesses are more important than ever. They are getting the businesses together and letting them know who their neighbors are if they are interested in crime watch and working with their neighbors. There have been a lot of questions from the businesses, which she has been feeding to the E- Citizen System on the City website. There have been problems with transient merchants and door to door salespeople. Merchants have expressed the need for an ordinance to address the issue. o Mr. Boganey indicated transient merchants are regulated and a permit is required. He will verify the process involved with door to door sales. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, 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 reported on attending the following vents: Y p g g d June 2 n Joint City mmi sion meetin to review the 2007 y Co s g Comprehensive Annual Financial Report. He thanked the members of the Financial Commission and noted the City received an unqualified opinion on the presentation of its financial information. June 5 th Registered Sex Offender Notification meeting regarding an individual on the 6400 block of Regent Avenue N. The Police Department is fully mindful of its duty to monitor the individual to ensure compliance with regulations. Councilmember Lasman reported on attending the following events: 06/09/08 -2- May 28 Centennial Celebration Committee meeting. The City Manager was very significant in helping the committee get organized and looking at the layout of what is ahead. June 2nd Joint City Council /Financial Commission meeting. June 5th Registered Sex Offender Notification meeting regarding the anticipated release of a Level III Sex Offender on the 6400 block of Regent Avenue. June 5 Town Meeting. Representatives Hilstrom and Nelson and Senator Scheid provided an update on legislation and answered questions of the residents. Councilmember Yelich reported on attending the June 2nd open house at Odyssey Charter School at 62 and Noble Avenues N. It was an opportunity for the students to show projects they have been working on in a variety of things that involved science and social issues. The program director pointed out that the program is financially viable and there is a growing interest in the school. The parents he talked to are pleased with the improved academic performance of their children at the school. Councilmember O'Connor reported on attending the following events: June 2 Joint City Council/Financial Commission meeting. Earle Brown Days Meeting: The Earle Brown Days Parade will be June 26 along Dupont Avenue N and there will be festivities at Central Park and the Community Center on June 27 and 28 Mayor Willson reported on attending the following events: May 28 Centennial Celebration Committee meeting. June 2 Joint City Council /Financial Commission meeting. June 5 Registered Sex Offender Notification meeting held in conjunction with the Legislative Town Meeting. May 30 Neighborhood Organizational Meeting at the SuperAmerica at 57 and Logan Avenues N. June 6 Northwest Cities interview with Cable 12. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. May 27, 2008 Study Session 2. May 27, 2008 Regular Session 3. May 27, 2008 Work Session 7b. LICENSES AMUSEMENT DEVICES Theisen Vending Company 2335 Nevada Avenue N, Golden Valley Metro Coin of Minnesota, Inc. 14940 -B 28 Avenue N, Plymouth West Coast Amusements Vending 1489 East Sunset, Tulare, CA MECHANICAL Cronstroms Heating and A/C 6437 Goodrich Avenue, St. Louis Park Patton Heating and Air 25809 Virgo Street NE, Stacy 06/09/08 -3- Swenson Heating and Air 12723 320 Avenue, Princeton RENTAL INITIAL 4100 61" Ave N Emmanuel Coker 6712 France Ave N Felicia Mensah Donkor RENEWAL 5209 Xerxes Ave N Mei Hua 5211 Xerxes Ave N Mei Hua Lake Shore Apts 4809 -11 Twin Lake Ave Curtis Erickson 5235 Drew Ave N Jay Nelson Battenberg 7030 Newton Ave N Malcolm Vinger II 6406 Indiana Ave N William Coleman SIGNHANGER Schad Tracy Signs 325 MN Avenue N, Oronoco Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2008 -68 EXPRESSING RECOGNITION AND APPRECIATION OF GENE MAZE FOR HIS PUBLIC SERVICE ON THE FINANICAL COMMISSION Mayor Willson recited Resolution Expressing Recognition and Appreciation of Gene Maze for his Public Service on the Financial Commission. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -68 Expressing Recognition and Appreciation of Gene Maze for his Public Service on the Financial Commission. Motion passed unanimously. 8b. RESOLUTION NO. 2008 -69 EXPRESSING RECOGNITION AND APPRECIATION OF JESSICA ROERICK FOR HER PUBLIC SERVICE ON THE FINANICAL COMMISSION Mayor Willson recited Resolution Expressing Recognition and Appreciation of Jessica Roerick for her Public Service on the Financial Commission. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -69 Expressing Recognition and Appreciation of Jessica Roerick for her Public Service on the Financial Commission. Motion passed unanimously. 8e. RESOLUTION NO. 2008 -70 EXPRESSING RECOGNITION AND APPRECIATION 06/09/08 -4- OF JOHN BENTZEN FOR HIS 38 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson recited Resolution No. 2008 -70 Expressing Recognition and Appreciation of John Bentzen for his 38 Years of Dedicated Service to the City of Brooklyn Center. Councilmember Ryan moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008 -70 Expressing Recognition and Appreciation of John Bentzen for his 38 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson also thanked Mr. Bentzen for his service as a volunteer firefighter and wished him a wonderful retirement. Motion passed unanimously. 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS None 11. COUNCIL CONSIDERATION ITEMS 11a. MAYORAL APPOINTMENT PARK AND RECREATION COMMISSION Mayor Willson requested Council ratification of Mr. Dan Starling, 2818 Mumford Road, to the Park and Recreation Commission with term expiring December 31, 2008. Councilmember Lasman moved and Councilmember Ryan seconded to ratify Mayoral nomination of Dan Starling to the Park and Recreation Commission with term expiring December 31, 2008. Motion assed unanimously. P 11b. AN ORDINANCE AMENDING SECTIONS 11 -107 AND 11 -110 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSES Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed ordinance, and answered questions of the Council. Mr. Boganey explained that by amending the liquor ordinance it would authorize the City Council to grant a temporary on -sale liquor license to Surly Brewing Company and allow the brewery to hold a social event and charge for the beer provided to the guests. There was discussion on Minnesota Statute 340A.404, Subd. 10, paragraph (c), specifically in relation to the addition of brewers who manufacture fewer than 3,500 barrels of malt liquor in a year to the list of organizations that may be issued a temporary license for the on -sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An Ordinance Amending Sections 11 -107 and 11 -110 of the City Code of Ordinances Relating to 06/09/08 -5- Liquor Licenses and set second reading and Public Hearing for July 14, 2008. There was discussion on the following in relation to the temporary on -sale liquor license: The definition of "brewer" falls under State definitions. The cost of a temporary license in comparison to a regular bar license. Temporary licenses for brewers do not include the requirement to serve food. The following language included in the ordinance was noted: "The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period." Councilmember O'Connor requested the vote on the ordinance amendment to Sections 11 -107 and 11 -110 be acted on separately. The motion on the floor was withdrawn. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An Ordinance Amending Section 11 -107 of the City Code of Ordinances Relating to Liquor Licenses and set second reading and Public Hearing for July 14, 2008. Motion passed unanimously. Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading of An Ordinance Amending Section 11 -110 of the City Code of Ordinances Relating to Liquor Licenses and set second reading and Public Hearing for July 14, 2008. Motion passed unanimously. 11c. RESOLUTION NO. 2008 -71 ESTABLISHING IMPROVEMENT PROJECT NOS. 2009 -01, 02, 03, AND 04, ALDRICH AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item. Mr. Blomstrom provided a brief overview of Improvement Project Nos. 2009 -01, 02, 03, and 04, the Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -71 Establishing Improvement Project Nos. 2009 -01, 02, 03, and 04, Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 11d. RESOLUTION NO. 2008 -72 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2007 -13, CONTRACT 2008 -C, REFORESTATION OF 2006 STREET IMPROVEMENT PROJECT AREAS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 06/09/08 -6- Councilmember Yelich moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008 -72 Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2007 -13, Contract 2008 -C, Reforestation of 2006 Street Improvement Project Areas. Motion passed unanimously. 11e. AMEND 2008 CITY COUNCIL MEETING SCHEDULE TO ADD 2030 COMPREHENSIVE PLAN UPDATE SPECIAL MEETING Mr. Boganey introduced the item, discussed the history, and stated the purpose of the amendment to the 2008 City Council meeting schedule to add the 2030 Comprehensive Plan Update Special Meeting. Councilmember Lasman moved and Councilmember O'Connor seconded to amend the 2008 City Council meeting schedule and add 2030 Comprehensive Plan Update Special Meeting on June 30, 2008, at 7:00 p.m. Councilmember Ryan stated he will not be able to attend the meeting due to a scheduled vacation. Motion passed unanimously. HE AN ORDINANCE AMENDING ORDINANCE NO. 2006 -03 REGARDING COUNCIL SALARIES FOR 2009 -2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. There was discussion on the recommended increase in Council salaries. It was noted that under the current policy the Financial Commission sets the Council salaries, which removes any political influence from the decision. It was noted that there have been years when the Financial Commission has determined not to give the Council a raise. Councilmember Ryan moved and Councilmember Lasman seconded to adopt a Resolution Amending Ordinance No 2006 -03 Regarding Council Salaries for 2009 -2010. Councilmember O'Connor moved to amend the motion on the floor to delete Section 2 from the proposed ordinance, with no raise in 2009 and a 2% raise effective January 1, 2010, resulting in an annual salary in 2010 for Mayor of $11,166 and annual salary in 2010 for Council Members of $8,549. Motion died for lack of a second. There was additional discussion on the recommended increase in Council salaries. It was noted that the recommended salary increases result in a total budget increase of approximately $1,797 for the two -year period of 2009 and 2010. Mr. Boganey clarified the motion on the floor is for adoption of a resolution; the appropriate motion g Y p is to approve first reading of the ordinance and set second reading and Public Hearing for July 14, 2008. 06/09/08 -7- The motion on the floor was amended as follows: "Motion to approve first reading of An Ordinance Amending Ordinance No. 2006 -03 Regarding Council Salaries for 2009 -2010, and set second reading and Public Hearing for July 14, 2008. Councilmember O'Connor voted against the same. Motion passed. 11g. RESOLUTION NO. 2008 -73 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2007 Mr. Boganey introduced the item. Mr. Jordet provided a brief overview of the Comprehensive Annual Financial Report (CAFR) of the City of Brooklyn Center for the Calendar Year Ended December 31, 2007, specifically in regards to the following: 1) Interest Income (2004 2007); 2) Beginning Cash (2004 2007); 3) Debt by Type (2004 2007); 4) Total Debt (2004 2007); 5) Statement of Net Assets December 31, 2007; 6) General Fund Operations (2005 2007); 7) General Fund Cash Reserve (2006 2008); 8) Statement of Cash Flows Proprietary Funds December 31, 2007. There was discussion on the following in relation to the CAFR: Tax Increment Financing (TIF) debt. Council policy on required Reserve Fund balance. Past practice of Municipal Liquor Fund transfers to the Capital Improvement Fund. Mr. Jordet provided an overview of comments /findings on Internal Control and Operational issues and on the actions being taken to address the comments /findings. There was discussion on remaining TIF debt service payments and on estimated and actual revenue and expenditures. Mr. Jordet clarified that departments and divisions that were under budget far exceeded those that were over budget in the General Fund, resulting in a $433,000 surplus. It was noted that the City received an unqualified opinion on the presentation of the 2007 financial information. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -73 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 31, 2007. It was noted that comparative numbers on operational revenues and expenditures will be a topic for discussion during the next budget cycle. There was discussion on TIF and redevelopment in the City. There was additional discussion on revenues and expenditures. Councilmember O'Connor expressed concern regarding the City's use of reserve funds and debt. Mayor Willson pointed out that the trend analysis data over the last ten years shows that the City is doing well in lowering its costs. Mr. Boganey noted that the City's ability to maintain a very solid bond rating is a good indicator that the City's fiscal house is in very good order. Motion passed unanimously. 06/09/08 -8- 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: I. 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 June 9, 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 June 23, 2008, Regular Session. City Clerk Mayor 06/09/08 -10-