Loading...
HomeMy WebLinkAbout2009 12-14 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 14, 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, Police Chief Scott Bechthold, 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. Sharon Kephart, 5130 65 Avenue N, addressed the City Council and stated her daughter will be one of the ten American teenagers carrying the torch for the 2010 Winter Olympics. She will be representing the United States, the State of Minnesota, and the City of Brooklyn Center. Ms. Kephart stated she has provided the City with a Get to Know your 2010 Olympic Torchbearer publicity poster for the City to display. Ms. Kephart stated she is pleased to see that a Sister City update is included on the City Council work session agenda. The City has been provided with information on the potential Sister City of Lofa County, Liberia. She stated the Kids for a Better World Inc. 501c3 status will be made available at any time that it is requested by the City. She stated the pursuit of a Sister City relationship with Lofa County, Liberia and the City of Brooklyn Center, which was proposed by Ashley Kephart, continues today. The Lofa County, Liberia display at the Hennepin County Regional Building will continue through the first of the year. Ms. Diane Sannes, 7006 Willow Lane N, addressed the City Council and stated it was reported on Cable Channel 12 today that vacancies in the City are now under 300. She discussed the positive effect of reaching out to potential home buyers to welcome them to the neighborhood. Ms. Sannes stated she heard a conversation tonight about how the City works with 5016 nonprofit organizations. She commented that there is a nonprofit organization the City works very closely with which has been inactive with the Secretary of State for over two years, and has finally become active again this week. She inquired if the Brooklyn Historical Society could have this same type of relationship with the City. 12/14/09 -1- Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:55 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 7:28 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, Police Chief Scott Bechthold, 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 Ryan seconded approval of the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 16, 2009 — Joint Work Session with Financial Commission 2. November 23, 2009 — Study Session 3. November 23, 2009 — Regular Session 6b. LICENSES GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue N Marathon 1505 69 Avenue N Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Metropolitan Council 6845 Shingle Creek Parkway ' Speedway SuperAmerica 1901 57 to Avenue N Speedway SuperAmerica 6950 Brooklyn Boulevard 12/14/09 -2- Speedway SuperAmerica 6545 West River Road LIOUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall LIQUOR — CLASS B ON -SALE INTOXICATING, SUNDAY, AND 2 AM Crowne Plaza Minneapolis North 2200 Freeway Boulevard Oak City 2590 Freeway Boulevard LIQUOR — CLASS C ON -SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North LIOUOR — CLASS D ON -SALE INTOXICATING AND SUNDAY Embassy Suites 6300 Earle Brown Drive LIQUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International c� Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR — ON -SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIQUOR — ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR C 1 Buffet 6090 Shingle Creek Parkway Y 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway LIOUOR — ON -SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scorebard Pizza Z 6816 Humboldt Avenue North LIQUOR — OFF -SALE 3.2 PERCENT MALT LIOUOR Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1 1505 69 Avenue North 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 57 Avenue North Value Food 6804 Humboldt Avenue North 1 Condition: submittal of Liquor Liability Insurance Certificate Z Condition: payment of license fee 12/14/09 -3- MECHANICAL ECO Air Inc. 22713 Buchanan Street NE, East Bethel Glowing Hearth and Home 100 Eldorado Drive, Jordan In Season Mechanical 12007 Glendale Lane, Minnetonka Metro Heating and Cooling 255 Roselawn Avenue E, St. Paul Treated Air 9954 166 Street, Becker RENTAL INITIAL 2701 65 Ave N Trinh Vu 5350 71" Cir Ali Sajjad 6910 France Ave N Sufeng Zheng 6753 Humboldt Ave N Moeen Masood 5542 Irving Ave N Doug Wahl 5836 James Ave N Mai Vang 7000 Morgan Ave N Thomas Dulian (Berkley Group) 3401 47 Ave N Ryan Lakes Apts Clover Management 4811 Lakeview Ave Diane Krenz RENEWAL 5308 Emerson Ave N Phlip & Ginger Luoma Anderson 4107 Lakebreeze Ave Robb Yurch 4220 Lakeside Ave Richard Arntson 3200 64 Ave N Keith McConnell 350066 th Ave N Justin Jacobs 5105 Brooklyn Blvd George Lucht 6939 Brooklyn Blvd Jacob Yanish 3618 Commodore Dr Tou Thao 7218 Grimes Ave N Shawn & Djuana Banks 6807 Humboldt Ave N C301 William Newgren 5400 Irving Ave N Passed with Weather Deferral — Exterior shed, back stairs, and Walkway shall be repaired Paul Vue 5736 June Ave N Jackie & Gary Hempeck 5449 Lyndale Ave N Dakota Communities 7110 Riverdale Rd James Nelson 5900 Washburn Ave N John & Gail Lambert 6012 York Ave N Korpo Ngaim /Presley Hanson SIGN HANGER All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers Elements Inc. 10044 Flanders Court, Blaine TOBACCO RELATED PRODUCT 12/14/09 -4- Awad Company 6501 Humboldt Avenue N Marathon 1505 69 Avenue N Brooklyn Center Municipal 41 5625 Xerxes Avenue N Brooklyn Center Municipal #2 6930 Brooklyn Boulevard Mussab Inc. 6930 Brooklyn Boulevard Royal Tobacco 5625 Xerxes Avenue N Speedway SuperAmerica 1901 57 Avenue N Speedway SuperAmerica 6950 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road Value Food 6804 Humboldt Avenue N 6c. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 5545 XERXES AVENUE NORTH (WENDY'S INTERNATIONAL) 6d. 2010 CITY COUNCIL MEETING SCHEDULE 6e. RESOLUTION NO. 2009 -138 ACCEPTING PROJECT NO. 2008 -17, CONTRACT 2008 -K, CAPITAL MAINTENANCE BUILDING PLAN PROJECT AND AUTHORIZING FINAL PAYMENT TO COMMERCIAL SYSTEMS, LLC 6f. RESOLUTION NO. 2009 -139 TO AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE GRANT CONTRACTS WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009 -140 EXPRESSING RECOGNITION AND APPRECIATION OF RONALD A. WARREN FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Curt Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -140. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -140 Expressing Recognition and Appreciation of Ronald A. Warren for Over 35 Years of Dedicated Service to the City of Brooklyn Center. Councilmember Roche and Mayor Willson recognized Mr. Warren for his service to the City. Motion passed unanimously. 12/14/09 -5- 7b. RESOLUTION NO. 2009 -141 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER WILLIAM KONCAR Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -141. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -141 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer William Koncar. Motion passed unanimously. 7c. RESOLUTION NO. 2009 -142 EXPRESSING RECOGNITION AND APPRECIATION OF REX NEWMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -142 Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission. Mayor Willson recited Resolution No. 2009 -142. Mr. Newman was recognized by members of the Council and Mr. Boganey for his service on many of the City's commissions and his service to the community. Motion passed unanimously. 7d. RESOLUTION NO. 2009 -143 EXPRESSING APPRECIATION FOR DONATIONS FROM THE BABE RUTH ORGANIZATION Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -143. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -143 Expressing Appreciation for Donations from the Babe Ruth Organization. Motion passed unanimously. 12/14/09 -6- 8. PUBLIC HEARING 8a. ORDINANCE NO. 2009-07 RELATING TO THE REGULATION O F SIGNS; S; 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 Standards Vickie Schleuning provided an overview of the proposed ordinance. It was noted that the proposed ordinance amendment will clarify the required setback for temporary signs to be posted. Mr. Boganey stated that the purpose for the proposed change to the ordinance is totally unrelated to any desire on the part of the City Council or staff to step up or somehow become more aggressive or assertive as it relates to enforcing the sign ordinance. The intent is strictly to provide clarity to both the residents and to staff in terms of where it is acceptable in allowing for a person to have a temporary sign. The City has historically enforced the ordinance according to complaints received. Also, in keeping with the Council goals of maintaining a safe and aesthetically pleasing environment to control the proliferation of these signs, on an occasional basis staff will go through an area where they have seen a lot of signs that are in obvious violation. Councilmember Ryan moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. Ms. Carol Kleven, 5835 Zenith Avenue N, addressed the City Council and stated her preference for a three -foot setback for sig n placement, rather than the pro osed ten -foot setback. Ms. Kleven stated she first came to the City about this issue on June 8' of this year because her sign had been taken down. She did not really receive a response, so she called Councilmember Yelich who came to her home to discuss the matter. She and others do not think the signs were taken down evenly or fairly, and she has provided the City Council with photos and addresses. She stated she gave a demonstration of 15 feet and a petition from citizens, and she brought 40 people that agreed with the petition that the 15 -foot setback be changed to three feet. She stated she also gave the Council a chart of 11 sister cities showing they enforce on a complaint basis only or due to an obstruction of view. She provided the names and number of those she has spoken with. Ms. Kleven stated people like to have garage sales and go to garage sales. Garage sales are doing the citizens a service. Brooklyn Center is a poor City and the residents need garage sales for their budgets. She does not understand the reluctance to change enforcement to do what the other cities do by just a complaint basis. She stated she also talked to Mn/DOT who said they are only interested in the highways and let the cities each decide what they want in their own cities. Ms. Kleven thanked the City Council. Mr. Tony Kuefler, 5943 Abbott Avenue N, addressed the City Council and stated he is not much of a garage - saler, but he believes that garage sales have a benefit to the saler and to the community participants like those in Brooklyn Center where there are a lot of first -time homeowners with a need for those items. With the number of new people in the community, the 12/14/09 -7- garage - salers are kind of a club and get acquainted with each other. Mr. Kuefler stated it is difficult to see the argument of obstructing visibility, as there is a size requirement on the signs. He pointed out there is also the need to receive permission from the property owner to post the sign. He would side with a setback less than the ten feet but had a discussion with the City Manager and understands the clarification this would provide. Mr. Kuefler stated the City has ordinances on grass length and not parking on the lawn. These ordinances are enforced based on resident complaints, and this type of enforcement would work very well with the garage sale signs. He suggested the City Council try this approach in 2010 and then evaluate whether to go back to the current enforcement. Ms. Myrna Kragness, 3401 63 Avenue N, addressed the City Council and stated her support of the proposal that the ordinance be enforced on a complaint only basis. She stated she would also like to see political signs treated the same as garage sale signs. Mr. Roger Kloster, 7223 Lee Avenue N, addressed the City Council and suggested requiring a permit and fee in order to post signs of a certain size. He pointed out that this would be an avenue for additional revenue for the City and the signs would be regulated. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. It was noted that there has been an effort by the City to compromise and to address the concerns raised by residents on the sign ordinance enforcement. Councilmember Roche moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2009 -07 Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140. Ms. Schleuning provided an overview of information obtained in a comparison study staff conducted on enforcement by other communities. It was noted that the ten -foot setback was recommended by the Traffic Engineer based on safety and common right -of -way locations. In regards to political signs, City Attorney Charlie LeFevere advised that the Legislature adopted a law that limits the power of cities to regulate campaign signs during the political season. During that time cities do not have authority to regulate the number and size of political signs. It was the determination of the Legislature that the public purpose served by campaign signs outweighs any local regulations on signs. Mr. Boganey noted that the City is allowed to enforce the location of political signs. Motion passed unanimously. 12/14/09 -8- 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR ANTHONY FRANCIS, 7125 KYLE AVENUE NORTH, REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mr. Boganey introduced the item and discussed the history of the item. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Mr. Anthony Francis, 7125 Kyle Avenue N, addressed the City Council and stated he was raised in Brooklyn Center. This situation revolves around his dog and his neighbor. He believes it was an accident and that his dog was provoked. His dog bit his neighbor on the wrist. It was a small puncture that did not require stitches. The situation happened on Labor Day. He and his father were in the garage. His neighbor, Mark, was out watering his lawn and came out and moved the sprinkler. Mark and his dog surprised each other, and he believes Mark provoked the dog in some way with the sprinkler. Mark said "ow" and his dog ran into the house right away and did not inflict any more pain on him. Mr. Francis stated he has raised his dog to be a great, kind, loving, and caring dog. The dog is well cared for and he takes full responsibility for him. After the incident happened, he accommodated Mark and did everything he could. He bandaged the bite, drove him to the hospital and paid his hospital bill. He talked to Mark the next day. He was not wearing a bandage and they cleared the air. Mr. Francis stated Mark signed the following testimony: Hello, my name is Mark Johnson. I am Tony's neighbor and was bitten by his dog, Brinks, on September 7 ". Since then Tony has apologized numerous times and helped accommodate me with taking care of medical bills for this incident. I have now met Brinks face to face and do not believe he is a dangerous dog. Signed, Mark Johnson Mr. Francis stated he does not believe his dog would bite anybody if he was not provoked and that he is not dangerous in his eyes. Mayor Willson clarified that the testimony at the Animal Control Review Panel did not include the mention of a provocation on the part of Mr. Francis' neighbor. Mr. Francis replied that he does not believe his dog would attack Mark if he was not provoked. He believes they surprised each other and his dog grabbed for the sprinkler in Mark's hand. Right away the dog knew he did something wrong and ran into the house. Mayor Willson clarified that there were two puncture wounds. 12/14/09 -9- Councilmember Ryan inquired about the time of day the incident occurred. Mr. Francis replied the incident occurred at about 3:00 or 4:00 in the afternoon on Labor Day. The hospital was the only medical facility open at that time. Councilmember Roche verified that the ordinance requires the potentially dangerous dog hearing process regardless of the above - referenced letter signed by Mr. Francis' neighbor. Mr. Francis stated he takes full responsibility for his dog. He has complied with everything that has been asked of him other than registering the dog, which he has no problem doing. He does not want the potentially dangerous dog label attached to his dog. Councilmember Lasman pointed out that in accordance with the ordinance Mr. Francis is allowed the option to have his dog re- evaluated in six months to request to have the designation removed if there are no further incidents. She suggested Mr. Francis look into behavior training for the dog and that the dog be on a leash at all times. She explained that provocation means teasing and those types of things. Moving a sprinkler may have surprised the dog, but this is still dangerous behavior. Councilmember Yelich stated this designation on the dog is in no way a reflection on Mr. Francis as a responsible pet owner. He requested Mr. Francis to comment on whether regardless of training some animals instinctively behave in a certain way. Mr. Francis replied that this is possible, but he spends a lot of time with his dog every day to make sure his emotional and physical needs are met. He walks him around the neighborhood, they see a lot of kids riding bikes and they come pet him. The dog is always around people and little kids. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to uphold the decision and findings of the Animal Control Review Panel to declare Mr. Francis' dog a potentially dangerous dog. Motion passed unanimously. 10b. CONSIDERATION OF 2010 BUDGET 1. RESOLUTION NO. 2009 -144 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2010 Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -144 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for Debt Service Fund for Property Taxes Payable in 2010. 12/14/09 -10- Councilmember Yelich stated one piece of information shared with the Council but not noted in Mr. Boganey's earlier comments was the City property tax rates compared to other cities. The information provided by Mr. Jordet was that the tax rates are on the high side. Councilmember Yelich stated he is concerned that having that distinction may create a disincentive for businesses to invest in redevelopment in the City. The City should be conscious of that in 2010 and in future years to try to do its best to move towards the Council goal of keeping property tax levies at an absolute minimum. Like families, they need to operate the City within their means. He believes the residents are trying to tell them that they appreciate the services being provided at a reasonable cost, but they are also looking at their return on investment in Brooklyn Center and have some concerns. Motion passed unanimously. 2. RESOLUTION NO. 2009 -145 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2010 Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -145 Establishing a Final Property Tax 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 2010. Motion passed unanimously. 3. RESOLUTION NO. 2009 -146 ADOPTING THE 2010 GENERAL FUND BUDGET Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -146 Adopting the 2010 General Fund Budget. Motion passed unanimously. 4. RESOLUTION NO. 2009 -147 ADOPTING THE SPECIAL REVENUE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -147 Adopting the Special Revenue Fund Budgets. Motion passed unanimously. 5. RESOLUTION NO. 2009 -148 ADOPTING THE 2010 DEBT SERVICE FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -148 Adopting the 2010 Debt Service Fund Budgets. 12/14/09 -11- Motion passed unanimously. 6. RESOLUTION NO. 2009 -149 ADOPTING THE 2010 CAPITAL PROJECT FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -149 Adopting the 2010 Capital Project Fund Budgets. Motion passed unanimously. 7. RESOLUTION NO. 2009 -150 ADOPTING THE 2010 ENTERPRISE FUND BUDGETS Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -150 Adopting the 2010 Enterprise Fund Budgets. Motion passed unanimously. 8. RESOLUTION NO. 2009 -151 ADOPTING THE 2010 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -151 Adopting the 2010 Public Utility Fund Budgets. Motion passed unanimously. 9. RESOLUTION NO. 2009 -152 ADOPTING THE 2010 INTERNAL SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -152 Adopting the 2010 Internal Service Fund Budgets. Motion passed unanimously. 10. RESOLUTION NO. 2009 -153 ADOPTING THE 2010 -2024 CAPITAL IMPROVEMENT PROGRAM Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -153 Adopting the _010 -2024 Capital Improvement Program. p g p p Motion passed unanimously. 12/14/09 -12- 11. RESOLUTION NO. 2009 -154 ADOPTING 2010 WATER UTILITY RATES, FEES AND CHARGES Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -154 Adopting 2010 Water Utility Rates, Fees and Charges. Motion passed unanimously. 12. RESOLUTION NO. 2009 -155 ADOPTING 2010 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -155 Adopting 2010 Sewer Utility Rates, Fees and Charges. Motion . assed unanimously. Y 13. RESOLUTION NO. 2009 -156 ADOPTING 2010 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -156 Adopting 2010 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 14. RESOLUTION NO. 2009 -157 ADOPTING 2010 STREET LIGHT RATES AND CHARGES Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -157 Adopting 2010 Street Light Rates and Charges. Motion passed unanimously. 15. RESOLUTION NO. 2009-158 ESTABLISHING 2010 RECYCLING RATE Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -158 Establishing 10 Recycling at g 0 c,y ng . R e It was noted that there have been many joint City Council /Financial Commission meetings to discuss the 2010 Budget. Motion passed unanimously. 10c. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Willson recommended reappointment of those commission members who have expressed willingness to continue serving. 12/14/09 -13- Financial Commission — term to expire 12/31 /2012: Susan Shogren Smith Housing Commission -- term to expire 12/31/2012: Kris Lawrence - Anderson Park and Recreation Commission - term to expire 12/31/2012: John Ruseell; Thomas Shinnick Planning Commission -- term to expire 12/31/2012: JoAnn Campbell- Sudduth; Carlos Morgan. Michael Parks Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral reappointments to City Advisory Commissions. Motion passed unanimously. 10d. RESOLUTION NO. 2009 -159 CONSENT ORDER IMPOSING CIVIL PENALTY FOR DUOOS BROTHERS AMERICAN LEGION POST 630 AT 6110 BROOKLYN BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -159 Consent Order Imposing Civil Penalty for Duoos Brothers American Legion Post 630 at 6110 Brooklyn Boulevard. Motion passed unanimously. 10e. AN ORDINANCE AMENDING ORDINANCE NO. 2008 -06 REGARDING COUNCIL SALARIES FOR 2009 -2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance, noting the amendment would keep Council salaries for 2010 at the same rate as 2009. Councilmember Ryan moved and Councilmember Roche seconded to adopt an ORDINANCE Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. The motion on the floor was amended as follows: Councilmember Yelich moved and Councilmember Lasman seconded to approve the first reading and set second reading and Public Hearing for January 11, 2010, an Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. Motion passed unanimously. IOL RESOLUTION NO. 2009 -160 SETTING SALARIES FOR CALENDAR YEAR 2010 12/14/09 -14- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -160 Setting Salaries for Calendar Year 2010. Motion . assed unanimously. y 10g. AN ORDINANCE RELATING TO THE REGULATION OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 12 -101 THROUGH 12 -1401 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Ms. Schleuning provided a presentation on the goals and highlights of the proposed ordinance. There was discussion on triggers for a Type IV Provisional License. Ms. Schleuning indicated that this topic will be discussed in detail in Council work session. Mr. Boganey explained that there has been discussion by staff on whether the Type IV license category should include the term "Provisional," as the term in the proposed ordinance has a different meaning than the previous language. It was suggested that for the salve of continuity the "provisional term be referenced so that future City Councils are able to see that the term has evolved into the current license category. Councilmember Lasman moved and Councilmember Yelich seconded to approve the first reading and set second reading and Public Hearing for January 25, 2010, An Ordinance Relating to the Regulation of Rental Properties; Amending Brooklyn Center City Code, Sections 12 -101 through 12 -1401. Staff was commended for the hard work involved with the proposed ordinance. Mr. Boganey commended Ms. Schleuning for her leadership on this item and noted the team effort of the different departments. Ms. Schleuning thanked the Multi- Housing Association, the Housing Commission, and the landlords that were involved in the process. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Y li re ration at the Hennepin e ch ported on his attendance at the Hmong Celebration p County Library on December 5 th . 12/14/09 -15- Councilmember Lasman reported on her attendance at the following events: Hmong Celebration at the Hennepin County Library on December 5 Holly Sunday on December 6 City Council /Financial Commission budget work sessions over the past several Mondays. Councilmember Roche reported on the following year -end update: The year began with Brookdale and Macy's closing; there was a foreclosure crisis in the City, which has ended; clean- up in the City with code enforcement; rental ordinance update; and property value stabilization. He stated his job in the coming year is for property value improvement. Councilmember Roche further reported that crime is down across the board in this community. The year ended with a sheriff's sale at Brookdale. He pointed out that the City does not control this property, but it controls the infrastructure around the property with noted improvements. He stated he heard tonight that this is a poor City. He stated the City is rich in character, and it is on sound footing financially with thanks to the staff working behind the scenes. Councilmember Ryan reported on his attendance at the following events: December 5 Toys for Tots collection at the Embassy Suites Hotel with thanks to Margaret Sandbur� for organizing the breakfast and the Brooklyn Center Taxpayers Association; December 5' visit to the new Liberian Community Center in Brooklyn Park; December 5 Hmong Holiday Celebration; December 6 Holly Sunday Celebration and the lighting of the Christmas tree. Mayor Willson reported on his attendance at the following events: City Council /Financial Commission budget work sessions; December 5 Hmong Cultural Event; December 5 Liberian Community Center Grand Opening at 7001 78 Avenue North, noting that the facility is completely paid for as the Liberian community does not believe in holding debt; December 6th Hmong Cultural Event which was put together. moderated and coordinated by youth in the Hmong community. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:28 p.m. Motion passed unanimously. 12/14/09 -16- 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 14, 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 January 11, 2010, Regular Session. City Clerk Mayor 12/14/09 -17-