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HomeMy WebLinkAbout2009 10-12 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 OCTOBER 12, 2009 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, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards 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. Lisa Peilen, Minnesota Multi Housing Association (MHA), addressed the City Council and stated she is present tonight to inform the City Council about MHA's newest publication on the fundamentals of rental property management in Minnesota. She stated MHA promotes the highest standards for rental housing. Ms. Jo Roberts, Link Associates, 5400 France Avenue N, addressed the City Council and stated her support of the MHA publication discussed by Ms. Peilen. She expressed her gratitude to Mayor Willson for his speech at the crime prevention rally recently held in Brooklyn Park. Ms. Sharon Kephart, 5130 65 Avenue N, thanked the City Council for focusing on the country of Liberia and consideration of the Sister City Program that will be discussed during the Council Work Session tonight. Ms. Kephart read a proposal for Brooklyn Center to consider a Sister City Relationship with Foya, Lofa County, Liberia, submitted in 2008 by Ashlee Kephart on behalf of the Kids For a Better World Nonprofit Organization. Mr. Steven Heinz, 6007 Lyndale Avenue N, addressed the City Council and stated he is a new resident in the City. He inquired if there is anything on tonight's agenda regarding the Renew Program that he discussed with Mr. Eitel. Mayor Willson informed Mr. Heinz that the Renew Program is not on tonight's agenda; it will likely be on an agenda in the near future. 10/12/09 -1- Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 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 7:04 p.m. 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 and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards 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. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 28, 2009 Study Session 2. September 28, 2009 Regular Session 3. September 28, 2009 Work Session 6b. LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4900 and 4902 France Ave N Gentle Touch Animal Sanctuary 4900 France Ave N MECHANICAL Arctic Mechanical LLC 5255 Edinburgh Way, Big Lake P T Mechanical LLC 227 Ash Street West, So. St. Paul 10/12/09 -2- RENTAL INITIAL 5320 Queen Ave N Steven Heinz 2806 65 Ave N A -Jelil Abdella 5224 65 Ave N Pavel Sakurets 2813 1h Ave N Sufeng Zheng 350166 1h Ave N Michael Haase 4416 69 Ave N Eugene Diane Wright 6200 Brooklyn Blvd Tuan Pham 6325 Brooklyn Blvd Lien Kim Vo 5101 Drew Ave N Jennifer Njeri Kuria 5214 Drew Ave N Paris Nicole Fadden 7143 France Ave N Yi Lin 5901 Halifax Ave N Susan Bufis 1525 Humboldt Ave N Shoemiller Properties LLC 5201 Winchester Ln Yolanda Jackson RENEWAL 833 57 Ave N Bruce Goldberg 1338 67 Ln N Norma Simmonds 5706 Camden Ave N Christian Restoration Services 7219 June Ave N Christian Restoration Services 6110 Zenith Ave N Keith McConnell 6c. RESOLUTION NO. 2009 -120 AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT FOR TRAIL PURPOSES FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009 -18 WITHIN STATE RIGHT -OF -WAY BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009 -121 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER CLARK MESSENBRINK City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -121. 10/12/09 -3- Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -121 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Clark Messenbrink. Motion passed unanimously. 7b. RESOLUTION NO. 2009 -122 EXPRESSING RECOGNITION AND APPRECIATION OF DARRELL D. MEEHAN FOR OVER 28 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -122. Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -122 Expressing Recognition and Appreciation of Darrell D. Meehan for Over 28 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 7c. RESOLUTION NO. 2009 -123 EXPRESSING RECOGNITION AND APPRECIATION OF CHRISTINE EATON FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -123. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -123 Expressing Recognition and Appreciation of Christine Eaton for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 7d. RESOLUTION NO. 2009 -124 EXPRESSING RECOGNITION AND APPRECIATION OF JULIE GILLIS FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 10/12/09 -4- Mayor Willson recited Resolution No. 2009 -124. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -124 Expressing Recognition and Appreciation of Julie Gillis for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -125 MAKING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH Councilmember Lasman moved and Councilmember Ryan seconded to remove the item from the table. Motion passed unanimously. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the two alternate resolutions for Council consideration. Mayor Willson asked if City Attorney Charlie LeFevere had additional comments on the alternate resolutions presented to Council. Mr. LeFevere responded in the negative. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -125 Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North (Alternate #1 with the language as presented stating that Council will not consider an application until after December 28, 2009, but application could be made before that date). Councilmember Ryan moved to amend the resolution to order a 90 -day suspension, rather than a revocation of the rental license. Motion died for lack of a second Councilmember Ryan voted against the same. Motion passed. 10/12/09 -5- 10b. RESOLUTION NO. 2009 -126 AUTHORIZING THE EXECUTION OF A CONSTRUCTION COOPERATIVE AGREEMENT FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009 -18 BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER Public Works Director /City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that funding n the amount of 2 million is available for this project due to the g p J project being shovel ready. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -126 Authorizing the Execution of a Construction Cooperative Agreement for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18 between Hennepin County and the City of Brooklyn Center. It was noted that the City's participation for this project will be funded through TIF District 3 and will not affect next year's property taxes. Motion passed unanimously. Mr. Boganey stated the County investment in this project is in excess of $1 million. The County went the extra mile to be a partner in this project, which was not included in the County Capital Improvement Plan. Commissioner Opat was particularly supportive of this project. 10c. RESOLUTION NO. 2009 -127 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2009 -18, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -127 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements. Mr. Lillehaug highlighted key improvement features included in Improvement Project No. 2009- 18. There was discussion on the deadline date of November 13, 2009, for MnDOT approval of the project, including full easement acquisitions. Mr. Lillehaug noted that early on MnDOT indicated that this project must be bid and awarded by the City Council by the end of December 2009. MnDOT has indicated a willingness to work with the City if something slips on the bid g Y g p letting date. Mr. Lillehaug recognized the property owners working with the City to dedicate the discussion on the parallel course being necessary asement for Project No. 2009 -18. There was discus p g Y J 10/12/09 -6- taken for quick take of the easements to ensure that the easements are obtained in the necessary time period. Motion passed unanimously. 10d. RESOLUTION NO. 2009 -128 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2009 -21, CONTRACT 2009 -L, 2009 CAPITAL MAINTENANCE BUILDING PLAN Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was questioned whether there is any relationship between the company recommended to be awarded the contract and the company involved in the 69 ffi Avenue Improvement Project. Mr. Lillehaug replied he is not aware that there is a relationship. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -128 Accepting Bid and Awarding a Contract, Improvement Project No. 2009 -21, Contract 2009 -L, 2009 Capital Maintenance Building Plan. Mr. Lillehaug provided an overview of the activities involved in Improvement Project No. 2009- 21. It was noted that the age of the buildings necessitates the improvements and that the sooner the improvements are done, the lower the costs will be. Motion passed unanimously. 10e. RESOLUTION NO. 2009 -129 ADOPTING WATER UTILITY CONSERVATION RATESTRUCTURE Director of Fiscal and Support Services Dan Jordet 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. 2009 -129 Adopting Water Utility Conservation Rate Structure. There was discussion on the rate structure adopted by comparable cities. There was discussion on extending a conservation rate structure to the sanitary sewer system in the future. Motion passed unanimously. 10L RESOLUTION NO. 2009 -130 ESTABLISHING FEES FOR DAYCARE FIRE INSPECTIONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He explained that historically these fire inspections have been conducted by the State. In recent months the Fire Chief has been requested to perform inspections, and the State has 10/12/09 -7- agreed to allow the City to continue doing so. Moving forward the inspections will be conducted by the Inspector, rather than the Fire Chief. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -130 Establishing Fees for Daycare Fire Inspections. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich: No report. Councilmember Lasman reported on her attendance at the following events: October 3, 2009, Brooklyn Historical Society Tour of the Earle Brown Farm and Heritage Center. Tours will be continued in the spring. October 5, 2009, City Council Budget Work Session with the Financial Commission. October 9, 2009, Police Department event to honor Officer Messenbrink for his 29 years of service as a police officer. Councilmember Roche reported on the following: Brooklyn Center Giants remain undefeated Hats off to Brooklyn Center Youth Football. According to the Light Rail Study, the northwest route for the light rail will be out to Arbor Lakes. There has been an incredible amount of wedding activity in Brooklyn Center. It is nice to have citizens keep it local. Residents are invited to attend the 80 Anniversary of the Minnesota State Highway Patrol at Earle Brown Terrace on Wednesday, October 14, 2009. Thank you to the Farmers Market. The Assistant City Manager will be one of the guest speakers at the Brooklyn Center Business Association meeting on Thursday, October 22, 2009. Homes are selling in Brooklyn Center. Councilmember Ryan reported on the following: Attendance at the October 5, 2009, City Council Budget Work Session with the Financial Commission regarding the upcoming 2010 Budget. On October 7, 2009, the International Police Chiefs Association honored the local police partnership for its commitment to civil rights. The partnership has been recognized for its ongoing success in building bridges between the community and the police through specific multicultural training, hiring, and outreach programs. Upcoming meeting of the Brooklyn Center and Brooklyn Park Police Departments for the Joint Community Police Partnership Multicultural Advisory Committee at the Brooklyn Park City Hall Council Chambers on Tuesday, October 27, 2009, 6:30 p.m. to 8:30 p.m. 10/12/09 -8- Mayor Willson reported on his attendance at the following events: October 1, 2009, Cable 12 City Business Update and a tour of the new facility. October 1, 2009, Earle Brown Elementary Career and Colleges Day through the YMCA for Kindergarten through 2nd graders. October 1, 2009, Brooklyn Park Hate Crimes Neighborhood Meeting on the incident that occurred two to three days prior. October 2, 2009, Interview with the Star /Tribune. October 5, 2009 Joint City Council /Financial Commission Work Session. October 8, 2009, Quarterly Riverwood Neighborhood Association Meeting. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:16 p.m. Motion passed unanimously. 10/12/09 -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 o f Brooklyn Y Y Center held on October 12, 2009. 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 p Council adopted said minutes at its October 26, 2009, Regular Session. 'Aj City Clerk Mayor 10/12/09 -10-