HomeMy WebLinkAbout2007 12-10 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
DECEMBER 10, 2007
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, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager Vickie
Schleuning, and Deputy City Clerk Camille Worley.
Others present were City Prosecutor Bill Clelland, and Cliff Greene, Greene Espel, PLLP.
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 O'Connor seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor requested a moment of silence 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
7:50 p.m.
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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5. 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
3ordet, Public Works Director /City Engineer Todd Blomstrom, Community Development Director
Gary Eitel, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager Vickie
Schleuning, and Deputy City Clerk Camille Worley.
Others present were City Prosecutor Bill Clelland, and Cliff Greene, Green Espel, PLLP.
6. COUNCIL REPORT
Councilmember Ryan stated in the interest of time, he had nothing to report.
Councilmember Lasman reported attending the November 27, 2007, Visit Minneapolis North
Convention Bureau Open House where she heard positive feedback about the events in Brooklyn
Center. She reported attending the November 28, 2007, Crime Prevention Program meeting where
Becky Boie was announced as the new Crime Prevention Specialist. She reported attending the
November 30, 2007, Northwest Hennepin Chamber of Commerce meeting and announced the gala
being held at the Earle Brown Heritage Center on February 1, 2008. She reported attending the
December 2, 2007, Holly Sunday and the December 4, 2007, Let's Talk about Race Seminar where
great conversations were held.
Councilmember Yelich reported attending the PERF meeting with Brooklyn Park held on December
3, 2007.
Councilmember O'Connor reported attending the PERF and Lets Talk About Race meetings. She
discussed environmental suggestions made at the previous Informal Open Forum and stated the
suggestions will be included in a future City Newsletter.
Mayor Willson reported attending the PERF meeting and recognized the people involved in the
planning.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda
and Consent Agenda, as amended, with amendments to the Study Session and Work Session minutes
of November 26, 2007, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. November 26, 2007 Study Session
2. November 26, 2007 Regular Session
3. November 26, 2007 Work Session
4. December 3, 2007 Truth in Taxation Hearing
5. December 3, 2007 Special Session
7b. LICENSES
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COMMERCIAL KENNEL
Pandora's Box Veterinary Clinic 4902 France Ave N
LIOUOR CLASS A ON -SALE INTOXICATING AND SUNDAY
Applebee's 1400 Brookdale Mall
Crowne Plaza 2200 Freeway Boulevard
I LIQUOR CLASS B ON -SALE INTOXICATING AND SUNDAY
AMF Earle Brown Lanes 6440 James Circle North
LIOUOR CLASS D ON -SALE INTOXICATING AND SUNDAY
Boulevard's Bar and Grill 2545 County Road 10
LIOUOR CLASS F ON -SALE INTOXICATING AND SUNDAY
Flik International 6155 Earle Brown Drive
LIOUOR ON -SALE CLUB INTOXICATING AND SUNDAY
Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard
LIOUOR OPTIONAL 2 A.M. CLOSING
Boulevard's Sports Bar and Grill 2545 County Road 10
LIOUOR ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR
Boba Cafe 2 1331 Brookdale Center
C 1 Buffet 3 6090 Shingle Creek Parkway
50's Grill 5524 Brooklyn Boulevard
Great India 6056 Shingle Creek Parkway
LIOUOR ON -SALE 3.2 PERCENT MALT LIOUOR
Centerbrook Golf Course 6301 Shingle Creek Parkway
Davanni's Pizza and Hot Hoagies 5937 Summit Drive
Scoreboard Pizza 6816 Humboldt Avenue North
LIQUOR OFF -SALE 3.2 PERCENT MALT LIOUOR
Cub Foods Brookdale 3245 County Road 10
Sun Foods 6350 Brooklyn Boulevard
SuperAmerica #3192 6950 Brooklyn Boulevard
SuperAmerica #4160 6545 West River Road
SuperAmerica #4058 1901 57th Avenue North
Value Food 6804 Humboldt Avenue North
Winner Gas 6501 Humboldt Avenue North
LIQUOR OFF -SALE BREWER/BREWPUB MALT LIOUOR LICENSE
Surly Brewing Company 4811 Dusharme Drive
1 Subject to submittal of Affidavit of Payment of Financial Claims and CPA Statement
3 Subject to submittal of Liquor Liability Insurance Certificate and CPA Statement
3 Subject to submittal of Liquor Liability Insurance Certificate
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RENTAL
4220 Lakeside Ave Richard Arntson
6912 Morgan Ave N Muktar B. Abdurahman
3019 Mumford Rd Morris Matthews
7110 Riverdale Rd James Nelson
6448 Willow Ln Dragon Property Management
5912 Admiral Ln Felix August Mannella Jr.
5439 Colfax Ave Roger Kadlec
6807 Quail Ave Randall M. Johnson
6612 Unity Ave N Trinh Nguyen
SIGNHANGER
Demars Signs 41093 d Ave NW, Coon Rapids
Sign A Rama 13692 Grove Dr, Maple Grove
Motion passed unanimously.
8. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS
None
9. PUBLIC HEARING
9a. ORDINANCE NO. 2007 -09 AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING AREA LEARNING CENTERS (ALC)
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the
proposed ordinance.
Councilmember Ryan moved and Councilmember O'Connor seconded to open the Public Hearing.
Motion passed unanimously.
Arsland Azees, Brooklyn Center teacher, reminded the City Council of the rationale of the off
campus learning center. He explained the needs and benefits of an alternative learning center
located off campus.
Terry Lydale, President of Minnesota Association of Alternative Programs, discussed the association
and the benefit of an off campus alternative learning center.
Mr. Boganey discussed the amendment to the Ordinance, changing the wording from Alternative
Learning Center to Area Learning Center.
Councilmember O'Connor moved and Councilmember Lasman seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO.
2007 -09 Amending Chapter 35 of the City Code of Ordinances Regarding Area Learning. Centers
(ALC).
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Councilmember O'Connor stated she will vote against the item because she believes there is a
conflict in that the learning center is a K -12 school which is not allowed in commercial or industrial
zoning districts.
Councilmember O'Connor voted against the same. Motion passed.
9b. CONSIDERATION OF 2008 BUDGET
1. RESOLUTION NO. 2007 -145 Approving a Final Tax Capacity Levy for the General
Fund and Debt Service Funds and Market Value Tax Levies for Debt Service and the
Housing and Redevelopment Authority for 2008
2. RESOLUTION NO. 2007 -146 Establishing a Final Market Value Levy for the Purpose
of Defraying the Cost of Operation, Providing Informational Services and Relocation
Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City
of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2008
3. RESOLUTION NO. 2007 -147 Adopting the 2008 General Fund Budget
4. RESOLUTION NO. 2007 -148 Adopting the 2008 Special Revenue Fund Budgets
5. RESOLUTION NO. 2007 -149 Adopting the 2008 Debt Service Fund Budgets
6. RESOLUTION NO. 2007 -150 Adopting the 2008 Capital Project Fund Budgets
7. RESOLUTION NO. 2007 -151 Adopting the 2008 Enterprise Fund Budgets
8. RESOLUTION NO. 2007 -152 Adopting the 2008 Public Utility Fund Budgets
9. RESOLUTION NO. 2007 -153 Adopting the 2008 Internal Service Fund Budgets
Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2007 -145 Approving a Final Tax Capacity Levy for the General Fund and Debt Service Funds
and Market Value Tax Levies for Debt Service and the Housing and Redevelopment Authority for
2008.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2007 -146 Establishing a Final Market Value Levy for the Purpose of Defraying the Cost of
Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of
Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment
Authority for Fiscal Year 2008.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO.
2007 -147 Adopting the 2008 General Fund Budget.
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Councilmember O'Connor voted against the same. Motion passed.
Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2007 -148 Adopting the 2008 Special Revenue Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO.
2007 -149 Adopting the 2008 Debt Service Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2007 -150 Adopting the 2008 Capital Project Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2007 -151 Adopting the 2008 Enterprise Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2007 -152 Adopting the 2008 Public Utility Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO.
2007 -153 Adopting the 2008 Internal Service Fund Budgets.
Councilmember O'Connor voted against the same. Motion passed.
10. PLANNING COMMISSION ITEMS
None
11. COUNCIL CONSIDERATION ITEMS
l la. MAYORAL APPOINTMENT —PLANNING COMMISSION
Councilmember Ryan moved and Councilmember Yelich seconded to ratify Mayoral nomination of
Kara Kuykendall, 5507 Irving Avenue North, to the Planning Commission.
There was discussion on the Mayoral nomination where Mayor Willson explained that applicant
Gail Ebert withdrew her application in order to serve on a different commission.
Motion passed unanimously.
Kara Kuykendall introduced herself and stated she is excited to serve on the Planning Commission.
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11b. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS
Councilmember Lasman moved and Councilmember Yelich seconded to ratify Mayoral
reappointments of Philip Berglin and Jessica Roerick to the Financial Commission, Steve Landis to
the Housing Commission, Gail Ebert, Muriel Lee, and Roger Peterson to the Park and Recreation
Commission, Rachel Lund, Michael Parks, and Timothy Roche to the Planning Commission, and
Rex Newman to the Northwest Suburbs Cable Communications Commission.
Motion passed unanimously.
11 c. NOMINATION
OF CANDIDATE FOR ELECTION TO THE VISIT MINNEAPOLIS
NORTH BOARD OF DIRECTORS
Mayor Willson explained that the intent of the bylaws is to indicate that Cities are able to appoint a
person to the board. He explained that Ex- Officio members are new and only two are being proposed
for this year, one for EBHC and one for the Blaine Sports Center. He stated the Ex- Officio would
have participation rights but no voting rights.
Mr. Boganey stated support for the nomination of Judith Bergeland.
Councilmember Lasman moved and Councilmember O'Connor seconded to nominate Judith
Bergeland for the position of Ex- Officio Representative to the Visit Minneapolis North Board of
Directors.
Motion passed unanimously.
11d. RESOLUTION NO. 2007 -154 SETTING 2008 EMPLOYER BENEFITS
CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES
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.
2007 -154 Setting 2008 Employer Benefits Contribution for Full -Time Non -Union Employees.
Motion passed unanimously.
11e. RESOLUTION NO. 2007 -155 APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND
THE CITY OF BROOKLYN CENTER FOR 2008 INSURANCE CONTRIBUTION
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 approve
RESOLUTION NO, 2007 -155 Approving the Memorandum of Understanding for Local 49 (Public
Works Maintenance) and the City of Brooklyn Center for 2008 Insurance Contribution.
Motion passed unanimously.
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11L RESOLUTION NO. 2007-156 SETTING SALARIES FOR CALENDAR YEAR 2008
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the City of Brooklyn Center salaries as they relate to surrounding
communities of similar size.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2007 -156 Setting Salaries for Calendar Year 2008.
Motion passed unanimously.
llg. RESOLUTION NO. 2007 -157 ESTABLISHING THE INTEREST RATE FOR 2008
SPECIAL ASSESSMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2007 -157 Establishing the Interest Rate for 2008 Special Assessments.
Motion passed unanimously.
llh. RESOLUTION NO. 2007-158 ADOPTING CAPITAL IMPROVEMENT PROGRAM
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. 2007 -158 Adopting Capital Improvement Program.
Motion passed unanimously.
Ili. RESOLUTION NO. 2007 -159 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2006-05,06,
07 AND 08, CONTRACT 2006 -B, HUMBOLDT AVENUE AND EARLE BROWN
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 Ryan seconded to approve RESOLUTION
NO. 2007 -159 Accepting Work Performed and Authorizing Final Payment, Improvement Project
Nos. 2006 -05, 06, 07 and 08, Contract 2006 -13, Humboldt Avenue and Earle Brown Drive Street and
Utility Improvements.
Motion passed unanimously.
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11i. RESOLUTION NO. 2007 -160 ADOPTING A "REQUEST FOR PROPOSAL"
DOCUMENT FOR PROVIDING PROFESSIONAL AUDIT SERVICES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Director of Fiscal and Support Services Dan Jordet discussed the due date of the bids and addressed
questions on the Request for Proposal. He stated the bidders will have two weeks to respond to the
Request for Proposal.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2007 -160 Adopting a "Request for Proposal" Document for Providing Professional Audit
Services.
Motion passed unanimously.
11k. RESOLUTION NO. 2007 -161 MAKING FINDINGS OF FACT AND ORDER
RELATING TO CENTER POINTE APARTMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolutions.
City Attorney Charlie LeFevere discussed a universal agreement that could benefit the City more
than a one -year revocation. He stated there is a pending lawsuit between the licensee and the City.
It was the majority consensus of the City Council to allow Brooklyn Center Leased Housing
Associates, LLC Attorney Norman Baer to address the City Council on the proposed findings.
Mr. Baer stated adequate notice of the violations was not provided and stated the findings do not
state the date Center Pointe was notified of the violations. He stated the findings do not state that
there was failure to comply with the compliance orders. He discussed the payment of utility bills
that was made prior to the hearing. He discussed the hardship of paying for repairs if the number of
rental units is decreased by the license revocation.
City Prosecutor Bill Clelland stated he was not given a copy of the material discussed by Mr. Baer.
He stated on behalf of Staff, the resolution is well prepared.
It was the majority consensus of the City Council to set January 14, 2008, as the revocation effective
date to give Center Pointe approximately a month to review the resolution.
Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO.
2007 -161 Making Findings of Fact and Order Relating to Center Pointe Apartments.
Councilmember O'Connor voted against the same. Motion passed.
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111. RESOLUTION NO. 2007 -162 AUTHORIZING RELEASE OF FINANCIAL
GUARANTEE FOR EASTBROOK ESTATES
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 approve
RESOLUTION NO. 2007 -162 Authorizing Release of Financial Guarantee for Eastbrook Estates.
Motion passed unanimously.
12. ADJOURNMENT TO EXECUTIVE SESSION
Councilmember Lasman moved and Councilmember O'Connor seconded adjournment of the City
Council meeting at 9:40 p.m.
Motion passed unanimously.
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i
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 December 10, 2007.
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 January 14, 2008, Regular Session.
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City Clerk Mayor
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