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Home My WebLink About2010 01-11 CCM Regular SessionMINUTES 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 JANUARY 11, 2010 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. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 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 7:01 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 01 /11 /10 -1- 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 to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of December 14, 2009, and the Regular Session minutes of December 14, 2009, and the following consent items were approved: 01/11/10 6a. APPROVAL OF MINUTES 1. December 14, 2009 — Study Session 2. December 14, 2009 — Regular Session 3. December 14, 2009 — Work Session 6b. LICENSES BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle FIREWORKS — PERMANENT Big Lots GASOLINE SERVICE STATION Christy's Auto Service Holiday Stationstores, Inc. Perfect Car Wash #504 Qwest Communications Two Rivers Investment, Inc. MECHANICAL DJ's Heating and A/C Midwest Heating & A/C Thermex Corporation Park Treated Air Company PUBLIC DANCE AMF Earle Brown Lanes -2- 5930 Earle Brown Drive 5300 Dupont Ave N 420 66 Avenue N 6849 Brooklyn Boulevard 6540 Shingle Creek Pkwy 6840 Humboldt Ave N 6060 Lebeaux Avenue, Albertville 26355 Tucker Road, Rogers 3529 Raleigh Avenue S, St. Louis 9954 166 Court, Becker 6440 James Circle 01/11/10 RENTAL INITIAL 4700 68 Ave N 2801 63 Ave N 5930 Camden Ave N 6824 Dupont Ave N 7235 Fremont Ave N 7205 Perry Ct E RENEWAL 4450 58 Ave N Basswood Apartments 6101 Beard Ave N Beard Avenue Apartments 6331 Beard Ave .1\1 5843 Fremont Ave N 4100 Lakebreeze Ave 6813 Noble Ave N 6731 Bryant Ave N 3819 France P1 4207 Lakeside Ave #134 6007 Pearson Dr SECONDHAND GOODS DEALER CD Warehouse GameStop #535 SIGNHANGER Franz Reprographics TOBACCO RELATED PRODUCT American Legion #630 CVS Pharmacy #1683 Holiday Stationstores, Inc. Holiday Stationstores, Inc. Perfect Car Wash #504 Sun Foods Two Rivers Investment, Inc. Walgreen Company 6c. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS -3- Chufeng Xiong Thomas Bennett Matthew Joseph Christopher Tobkin Deepak Nath Alfred/Brett Harris James Lupient Kenneth Phelan Clover Management D & J Properties LLC Bruce Waage David Zemke Chuma Ikeqwani Robert Lindahl William & Linda Bjerke Shane Sander 6072 Shingle Creek Parkway 6068 Shingle Creek Parkway 2781 Freeway Boulevard 6110 Brooklyn Boulevard 5801 Brooklyn Boulevard 420 66 Avenue N 6890 Shingle Creek Parkway 6849 Brooklyn Boulevard 6350 Brooklyn Boulevard 6840 Humboldt Ave N 6390 Brooklyn Boulevard 6e. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH 6f. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6g. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6h. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD FEBRUARY 13, 2010 6i. SITE PERFORMANCE GUARANTEE RELEASES FOR BURGER KING RESTAURANT (3201 COUNTY ROAD 10), CVS PHARMACY (5801 BROOKLYN BOULEVARD), RETAIL STRIP MALL (615 66 AVENUE NORTH), BROOKLYN I, LLC (6901 BROOKLYN BOULEVARD), AND MCDONALD'S (5525 XERXES AVENUE NORTH) 6j. RESOLUTION FOR THE WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION 6k. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2008 -1, 02, 03, AND 04, CONTRACT 2008 -A, MARANATHA AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 61. RESOLUTION ESTABLISHING 2010 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6rn. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2010 SPECIAL ASSESSMENTS 01/11/10 -4- 6n. RESOLUTION AND CONSENT ORDER IMPOSING ADMINISTRATIVE PENALTY FOR SUPERAMERICA #3192 AT 6950 BROOKLYN BOULEVARD 6o. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SUPERAMERICA #4058 AT 1901 57TH AVENUE NORTH Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -12 EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -12 Expressing Recognition and Appreciation of Judith Bergeland for 19 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson recited Resolution No. 2010 -12. Motion passed unanimously. 7b. RESOLUTION NO. 2010 -13 EXPRESSING RECOGNITION AND APPRECIATION OF GRETCHEN KNUTSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -13 Expressing Recognition and Appreciation of Gretchen Knutson for Her Dedicated Public Service on the Housing Commission. As Council Liaison to the Housing Commission, Councilmember Roche expressed his thanks to Gretchen Knutson for her service. Mayor Willson recited Resolution No. 2010 -13. Motion passed unanimously. 7c. RESOLUTION NO. 2010 -14 EXPRESSING RECOGNITION AND APPRECIATION OF JOSHUA XIONG FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -14 Expressing Recognition and Appreciation of Joshua Xiong for His Dedicated Public Service on the Housing Commission. 01/11/10 -5- Mayor Willson recited Resolution No. 2010 -14. As Council Liaison to the Housing Commission, Councilmember Roche expressed his thanks to Joshua Xiong for his service. Motion passed unanimously. 7d. RESOLUTION NO. 2010 -15 EXPRESSING RECOGNITION AND APPRECIATION OF MARK NEMEC FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -15 Expressing Recognition and Appreciation of Mark Nemec for His Dedicated Public Service on the Financial Commission. Mayor Willson recited Resolution No. 2010 -15. As current and previous Council liaisons to the Financial Commission, Councilmembers Ryan, Yelich, and Lasman expressed their appreciation to Mark Nemec for his service. Motion passed unanimously. 7e. RESOLUTION NO. 2010 -16 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2010 SUMMER SAFETY ACADEMY PROGRAM Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -16 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2010 Summer Safety Academy Program. Mayor Willson recited Resolution No. 2010 -16. Motion passed unanimously. 7f. RESOLUTION NO. 2010 -17 EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2010 EARLE BROWN DAYS PARADE AND THE 2010 SUMMER PUPPET WAGON PROGRAM Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -17 Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Wagon Program. Mayor Willson recited Resolution No. 2010 -17. 01 /11 /10 -6- Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -01 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. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2010 -01 Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. It was noted that this resolution reduces the salaries of the City Council and Mayor going forward. The City Council has done significant work to manage spending and the budget, and the salary reduction is a gesture of the Council's sense of the difficulties the citizens are experiencing in this economy. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson announced the nomination of Kay Lasman as Mayor /President Pro Tem and Dan Ryan as Acting Mayor /President Pro Tem. Councilmember Roche moved and Councilmember Ryan seconded to ratify the nomination of Kay Lasman as Mayor /President Pro Tem and Dan Ryan as Acting Mayor /President Pro Tem. Motion passed unanimously. 01/11/10 -7- 10b. RESOLUTION NO. 2010 -18 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -18 Declaring Commitment to the Brooklyn Center City Charter. Mayor Willson recited Resolution No. 2010 -18. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE /VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2010 Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2010. Financial Commission: Housing Commission: Park and Recreation Commission: Crime Prevention Program: NW Suburbs Cable Communications Commission: Brooklyn Center Special Events Committee: Earle Brown Days Committee: North Hennepin Area Chamber of Commerce: Metro Cities: League of Minnesota Cities: Dan Ryan Tim Roche Mark Yelich Kay Lasman Tim Willson Kay Lasman — Alternate Kay Lasman Tim Willson — Alternate Tim Willson; Dan Ryan — Alternate Mark Yelich Tim. Willson Mark Yelich — Alternate Dan Ryan; Tim Roche — Alternate Councilmember Lasman moved and Councilmember Ryan seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -19 ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELEBRATION PLANNING COMMITTEE 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. 2010 -19 Establishing the Brooklyn Center Centennial Celebration Planning Committee. 01 /11 /10 -8- It was verified with Mr. Boganey that to date, limited funds have been expended from the funds appropriated to the Centennial Celebration. Mayor Willson recited Resolution No. 2010 -19. Motion passed unanimously. 10e. RESOLUTION NO. 2010 -20 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS PROJECT NO. 2010 -01 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -20 Authorizing Execution of a Professional Services Agreement for Design Services, Dupont Avenue Street and Utility Improvements Project No. 2010 -01. It was noted that the Earle Brown Days Committee has determined an alternate route for the Earle Brown Days parade. There was discussion on staff's recommendation to contract with SRF Consulting Group, Inc. for design services on the subject project. It was noted that the contract amount of $137,277 is a low percentage of the overall cost of the project and is a cost saving alternative to hiring permanent staff. Motion passed unanimously. 10f. RESOLUTION NO. 2010 -21 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,350,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Brenda Krueger, Springsted Inc., provided an overview of the sale of G.O. Utility Revenue Bonds, Series 2010A. Ms. Krueger summarized the options available for the sale of the bonds: 1) regular, general obligation tax - exempt utility revenue issue; 2) Build America Bond (special, general obligation taxable utility revenue issue). Ms. Krueger indicated that an application will be made to Standard & Poor's Rating Services for a rating on the Bonds. It is anticipated that the application to Standard & Poor's will result in an upgrade to the City's credit rating. An upgrade from the City's current "Al" rating would put the City's credit rating into the "AA" category which would be an enhancement to the City's credit and provide an opportunity for lower interest rates. 01 /11 /10 -9- Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -21 Providing for the Competitive Negotiated Sale of $2,350,000 General Obligation Utility Revenue Bonds, Series 2010A. Motion passed unanimously. 10g. MAYORAL APPOINTMENT — FINANCIAL COMMISSION Mayor Willson announced the appointment of Dan Schueller to the Financial Commission. Councilmember Ryan moved and Councilmember Roche seconded to ratify the Mayoral Appointment to the Financial Commission. Motion passed unanimously. 10h. AN ORDINANCE RELATING TO TOBACCO RELATED PRODUCTS; AMENDING CITY CODE SECTIONS 23 -107 AND 23 -108 AND ADDING NEW SECTION 23 -109 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. There was discussion on Section 23 -108, specifically in relation to the administrative penalty of $75 for a first violation of the ordinance. City Attorney Charlie LeFevere advised that the fees included in Section 23 -108 are the minimum and come from State Statute. The Statute implies that stricter requirements can be applied. Mr. LeFevere advised in his experience these standards are widely accepted and adopted and noted the following statement included in Section 23 -108: "Nothing in this section prohibits the City from imposing additional penalties based upon the circumstances of the violation and the history of violations at the same location." It was noted that a future administrative hearing officer could be designated by the City Manager in relation to the notice and hearing process outlined in Section 23 -107. Councilmember Lasman moved and Councilmember Roche seconded to amend Section 23 -108 as follows: "...If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this ordinance, the licensee shall be charged an administrative penalty of $-7-5 $100..." Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for February 8, 2010; an Ordinance Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109. Motion passed unanimously. 01/11/10 -10- 11. COUNCIL REPORT Councilmember Yelich wished everyone a Happy New Year. Councilmember Lasman reported on her attendance at the following events: • December 17, 2009, Special Events Committee Meeting. The main point of discussion was the Brooklyn Center Birthday Party Awards Night scheduled for February 6, 2010. Tickets are available by calling Sue LaCrosse at the Brooklyn Center Community Center 763 -569 -3400. • December 23, 2009, meeting with City staff at the Earle Brown Heritage Center to discuss logistics of the Brooklyn Center Birthday Party Awards Night scheduled for February 6, 2010. • January 7, 2010, retirement party for Judith Bergeland, former Director of the Earle Brown Heritage Center. Councilmember Roche wished everyone a Happy New Year. He reported on his attendance at today's Friends of the Brookdale Library reading event. Councilmember Roche requested residents to attend upcoming meetings at City Hall on road improvement projects scheduled for Dupont Avenue and the Northport area; the meetings are scheduled for January 13, 2010, at 6:30 p.m. and January 19, 2010, at 6:30 p.m., respectively. He announced the Blue Jean Ball will be held on January 22, 2010, at the Embassy Suites. Information is available by contacting the City of Brooklyn Center Civic Center at 763 -569 -3400 or the City of Brooklyn Park. He noted there will be a Sheriffs Sale of Brookdale this Friday. Councilmember Ryan reported on the following: • His attendance at the January 7, 2010, Twin West Chamber of Commerce breakfast in St. Louis Park. Representatives Tony Serdich and Curt Sellers were the featured speakers. The subject was the State of Minnesota Budget. Councilmember Ryan expressed concern regarding the possibility of additional loss of local government aid to municipalities in the future. • Upcoming January 19, 2010, presentation by the Public Works Department on the upcoming street and utility improvement projects for the year 2010. Mayor Willson reported on meeting with the National Parks Service Director for the Mississippi Park on Friday, January 8, 2010, with City Manager Boganey. He noted that the Mississippi River Corridor is designated as a national park from bank to bank. Mayor Willson thanked Ms. Bergeland for the excellent job she has done for the City as Director of the Earle Brown Heritage Center and expressed gratitude for the help she has given him as Mayor. He explained he was caught in snow and traffic the night of Ms. Bergeland's retirement party. 12. ADJOURNMENT Motion passed unanimously. 01 /11 /10 -11- Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:59 p.m. STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) 01 /11 /10 -12- ss. Certification of Minutes 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 January 11, 2010. 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 25, 2010, Regular Session. C: 2:; . 7; City Clerk Mayor