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Home My WebLink About2009 11-09 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 NOVEMBER 9, 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, Public Works Director /City Engineer Steve Lillehaug, 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. Mayor Willson noted there has been a request by Ms. Carol Kleven, 5835 Zenith Avenue North, to speak during open forum on the topic of signs. He indicated it would be more appropriate for Ms. Kleven to speak when this item is addressed in the City Council meeting agenda. City Manager Curt Boganey stated the action before the Council tonight is to approve the first reading and to schedule a Public Hearing on the related ordinance. The date proposed for the Public Hearing is December 14, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman 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 7:02 p.m. 11/09/09 -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, Public Works Director /City Engineer Steve Lillehaug, 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 Roche moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 19, 2009 Joint Work Session with Financial Commission 2. October 26, 2009 Study Session 3. October 26, 2009 Regular Session 4. October 26, 2009 Work Session 6b. LICENSES MECHANICAL C M Plumbing Htg and Air 610 Central Avenue, Buffalo S R Appliance Repair 4118 Hoffman Road, White Bear Lake Todd Landon Inc. 183 Sidney Street, West St. Paul RENTAL INITIAL 5405 Bryant Ave N Steve Rorem 6107 Bryant Ave N Daniel Yesnes 7208 Dallas Rd Neng Zhang 1106 Emerson La Jan Dietrich 1513 Humboldt PI N Shoemiller Properties LLC 1537 Humboldt PI N Shoemiller Properties LLC 1549 Humboldt PI N Shoemiller Properties LLC 1555 Humboldt P1 N Shoemiller Properties LLC 5739 James Ave N Doug Wahl RENEWAL 7218 West River Rd Arlene Johnson 5006 France Ave N Michael Mohs 5701 James Ave N Roxann Robertson 11/09/09 -2- 7021 Unity Ave N Geri Williams 7156 Unity Ave N Adetayo Dina Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS /DONATIONS 7a. RESOLUTION NO. 2009 -131 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT STU ROBINSON Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -131. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -131 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Stu Robinson. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -132 SETTING 2010 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. There was discussion on the incentive for employees to participate in a high deductible health plan as outlined in Article 25 of the labor agreement. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -132 Setting 2010 Employer Benefits Contribution for Full -Time Non- Union Employees. There was discussion on the possible consideration in the future of providing incentive dollars for employees to participate in health clubs. 11/09/09 -3- i Motion passed unanimously. 10b. RESOLUTION NO. 2009 -133 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 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. 2009 -133 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2010. Local 49 was commended for the wisdom and pragmatism in negotiating a zero pay increase for 2010 due to the budgetary situation facing the City. Motion passed unanimously. 10c. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -130 AND 34 -140 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Assistant City Manager /Director of Building and Community Vickie Schleuning provided an overview of the proposed ordinance. There was discussion on the ordinance approval process. Councilmember Yelich moved and Councilmember Roche seconded to open for public comment. Motion passed unanimously. Ms. Carol Kleven, 5835 Zenith Avenue N, addressed the City Council and stated on June 8, 2009, she came to the City Council for help because her garage sale signs were taken down by a police officer. On August 10, 2009, she presented a petition requesting that garage sale signs be allowed to be posted three feet from the end of the street. Ms. Klevin stated she contacted 11 different cities and asked the following questions: 1) How many code enforcement officers do you have? 2) 1 plan to have a garage sale. How many feet from the edge of the street does my sign have to be so you do not remove it? 3) To whom am I speaking? Ms. Kleven provided Council with charts on the responses to the above questions. She requested the Council to let her know if there are any questions and stated they plan to go public on December 1 St with this information. Ms. Kleven further stated it seems that if 11 cities respond one way to a mutual problem and they find it works very well for their citizens, and the City of Brooklyn Center responds another way to the very same problem, but it does not work very well for the citizens, it 11/09/09 -4- is reasonable that it is not a good solution. She stated she and others are still requesting that they be allowed to post garage sale signs three feet from the street or that garage sale sign placement be enforced only on a complaint basis or due to obstruction of view. Ms. Virginia Johnson, 6236 Colfax Avenue N, addressed the City Council and expressed concern that there seems to be more important things to be taken care of in the City than a sign that is in a certain place. She is bothered by people that drive through stop signs and people stepping off sidewalks, daring a moving car. She stated since Ms. Kleven's sign was taken down she has seen many signs in the wrong spots, and that there are a lot of people who enjoy having garage sales. Councilmember Yelich moved and Councilmember Lasman seconded to close the public comment period. Councilmember Roche thanked Ms. Kleven for her presence and participation at the City Council meetings. Councilmember Roche voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Roche seconded to approve first reading and set second reading and Public Hearing for December 14, 2009; an Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140, with the following language amended for second reading: 1) Allow temporary signs within the clear view triangle provided they are back 10 feet from the curb or the edge of the road and do not exceed 2 %z feet in height; 2) Signs located in the right -of -way to be limited to 6 square feet in area, while signs located on private property would be limited to 48 square feet in area. Ms. Kleven was complimented for bringing this issue to the City's attention. It was noted that this has been an opportunity to provide clarity to the ordinance. It was also noted that there are constituents who are opposed to changing the ordinance. Staff was commended for the time and effort reviewing the ordinance and the recommendations that have been presented. It was also noted that the goal of the Council is to leave the sign ordinance intact while providing setback standards that the public can easily understand. The Council is not singling out any class of signs or attempting to make it difficult for citizens to post signs, but there are safety, nuisance, and aesthetic considerations to consider with the sign ordinance. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich encouraged residents to take advantage of the discounts available through retail pharmacies with the free prescription discount card program that is now in place. Individuals can pick up cards at the Community Center or City Hall. 11/09/09 -5- Councilmember Lasman reported on her attendance at the November 2, 2009, Joint City Council /Financial Commission Budget Work Session. Councilmember Roche reported on his attendance at the Housing Commission meeting. He announced the following: Northstar commuter rail service will begin running from Big Lake on November 16, 2009. Brooklyn Interfaith Luncheon is set for March 20, 2010, at Embassy Suites, with a planning meeting set for November 21, 2009, 4:30 p.m. at the Brookdale Library. Brooklyn Center Youth Football has concluded the season with the Giants and Sharks tying for the season. Councilmember Ryan announced he will be attending the Brooklyn Center High School Alumni Board meeting tomorrow evening. He reported on his attendance at the following events: November 2, 2009, Joint City Council/Financial Commission Budget Work Session. November 8, 2009, seminar held at St. Louis Park City Hall on the State budget and taxing and spending issues the State will be facing in the next biennium. Mayor Willson reported on his attendance at the October 27, 2009, Dangerous Dog Hearing and encouraged residents to watch their animals. He reported on his attendance at the following events: November 2, 2009, Joint City Council /Financial Commission Budget Work Session. November 3, 2009, Luncheon at the Crossings at Brookwood. November 3, 2009, Brooklyn Youth Alliance planning meeting. There will also be a Brooklyn Youth Alliance Meeting at Brooklyn Center City Hall tomorrow at 3:30 p.m. November 3, 2009, speaking event with third graders at Evergreen School. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 11/09/09 -6- 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 November 9, 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 Council adopted said minutes at its November 23, 2009, Regular Session. City Clerk Mayor 11/09/09 -7-