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HomeMy WebLinkAbout2010 02-08 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 FEBRUARY 8, 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 Tim Roche, Dan Ryan, and Mark Yelich. Councilmember Kay Lasman was absent and excused. 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, Community Development Specialist Tom Bublitz, 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. No one wished to address the City Council. Councilmember Yelich moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation on behalf of Councilmember Kay Lasman. 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 02/08/10 -1- Mayor Tim Willson and Councilmembers Tim Roche, Dan Ryan, and Mark Yelich. Councilmember Kay Lasman was absent and excused. 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, Community Development Specialist Tom Bublitz, 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 Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 25, 2010 — Study Session 2. January 25, 2010 — Regular Session 3. January 25, 2010 — Work Session 6b. LICENSES MECHANICAL Barr Web Ind., Inc. 3530 E 28 Street, Minneapolis Bonfe's Plumbing, Heating, & Air 505 Randolph Avenue, St. Paul South Metro Plumbing 612 N Broadway, Jordan RENTAL INITIAL 5239 -41 Drew Ave N Jay Battenberg 3300 67 Ave N Passed with Weather Deferral — Exterior painting and bedroom window Repair Sergey Kunin 1531 Humboldt PI N Shoemiller Properties 4734 Twin Lake Ave N Elizabeth Becht RENEWAL 6821 Noble Ave N Reuben & Diane Ristrom 1612 68' Ln N Frank Lachinski 5927 Aldrich Ave N James & Marie Carlson 6213 Chowen Ave N Passed with Weather Deferral — Will schedule 5/28/10 for exterior 02/08/10 -2- Orders Nazneen Khatoon 5755 Humboldt Ave N Toan Truong 6835 Noble Ave N Robert Berglund 6324 Scott Ave N Benson Yang 6c. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS SCHOOL, 7031 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 13, 2010 6d. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY NATIONAL MARYLAND COUNTY ASSOCIATION OF LIBERIA, 164 BEDFORD AVE, TEANECK, NJ, FOR AN EVENT TO BE HELD MARCH 6, 2010, AT 5801 JOHN MARTIN DRIVE, BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -27 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT THOMAS BOIE Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -27 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Thomas Boie. Mayor Willson recited Resolution No. 2010 -27. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -03 RELATING TO TOBACCO RELATED PRODUCTS; AMENDING CITY CODE SECTIONS 23 -107 AND 23 -108 AND ADDING NEW SECTION 23 -109 City Manager Curt Bo ane introduced the it discussed the history, stated the purpose of y g g y item, d scuss y, pure the proposed ordinance. Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to close the Public Hearing. 02/08/10 -3- Motion passed unanimously. Councilmember Roche moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2010 -03 Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -28 RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802 -2838 AND 2900 -2940 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that the focus of the City is to ensure safe and affordable housing that meets the ordinances and criteria of the City. This had become an issue with this property, and it currently appears to be on its way to resolution. Councilmember Yelich expressed concern regarding windows in the units that come near to the floor and present the possibility of a toddler falling out. He asked if staff and Mr. Brummer are comfortable with the safety of the windows, noting that State and City Code do not require a barrier to prevent this type of accidental fall unless the windows were to be replaced. Mr. Boganey replied that the current code is assumed to reflect a safe condition under normal operating circumstances. He believes that the conditions are reasonably safe, but that they could be safer. Mr. Gary Brummer, owner of Gateway Commons, stated that the bedroom windows under discussion could have some additional screening added if it is anticipated that there will be problems. He indicated he would not have a concern with leaving this up to the Building Inspector's recommendation. Mayor Willson clarified that Mr. Brummer is currently meeting the ordinances, which is the goal of the City. He thanked Mr. Brummer for his willingness to consider addressing the concerns raised by Councilmember Yelich. It was noted that Mr. Brummer is addressing security concerns by taking care of issues with the egress doors and installing a camera system. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802 -2838 and 2900 -2940 Northway Drive. 02/08/10 -4- Motion passed unanimously. 10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed amendment to the 2010 City Council Meeting Schedule. Councilmember Yelich moved and Councilmember Ryan seconded to approve amending the 2010 City Council Meeting Schedule to change the start time of the March 8, 2010 Study Session to 5:45 p.m. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -29 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT ABATEMENT REMOVAL COSTS, AND ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -29 Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Delinquent Abatement Removal Costs, and Administrative Vacant Building Registrations. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -30 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -01 AND 02, DUPONT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -30 Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2010 -01 and 02, Dupont Area Neighborhood Street and Storm Drainage Improvements. Mr. Boganey clarified that the proposed special assessments will not change if design modifications are made to the project. The Public Hearing being set for February 22, 2010, is on the proposed special assessments, not on the design of the improvement project. 02/08/10 -5- Motion passed unanimously. 10e. RESOLUTION NO. 2010 -31 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Bo ane int the the purpose of the proposed g y oduced e item, discussed the history, and stated p rp p p resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -31 Calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. Motion passed unanimously. 10f. RESOLUTION NO. 2010 -32 AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER TO ACT ON THE CITY'S BEHALF TO IMPLEMENT THE NEIGHBORHOOD STABILIZATION PROGRAM Community Development Specialist Tom Bublitz discussed the history and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -32 Authorizing the Economic Development Authority of the City of Brooklyn Center to Act on the City's Behalf to Implement the Neighborhood Stabilization Program. Motion passed unanimously. 10g. RESOLUTION NO. 2010-33 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,350,000 TAXABLE GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A (BUILD AMERICA BONDS — DIRECT PAY) AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES Director of Fiscal and Support Services Dan J rdet introduced the item discussed the history, pp o � Y, and stated the purpose of the proposed resolution. Mr. Jordet provided an overview of the following information in relation to the proposed bonds: 1) Bids received on the G.O. Utility Revenue Bonds, Series 2010A; 2) City of Brooklyn Center $2,350,000 Taxable General Obligation Utility Revenue Bonds, Series 2010A Sources & Uses Statement. Ms. Brenda Krueger, Springsted, Inc., provided an overview of the Build America Bonds. Ms. Krueger answered questions of the City Council on the proposed use of Build America Bonds and the City's improved bond rating to AA by Standard & Poor's. 2 - 0 /08/10 6 - There was discussion on the current debt condition of the City. Mr. Jordet indicated that much of the City's debt is tax increment debt which does not weigh on the general tax base and will be retired within ten years. He advised that the subject G.O. Utility Revenue Bonds is the only City debt that the City's utility revenues are pledged against. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -33 Accepting Proposal on the Competitive Negotiated Sale of $2,350,000 Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds — Direct Pay) and Pledging for the Security Thereof Net Revenues Motion passed unanimously. 10h. RESOLUTION NO. 2010-34 ADOPTING THE 2010 STRATEGIC PLAN Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the measurable outcomes being put in place with the City Council goals and that the interest of the City was taken to heart by staff and City Council in preparing the 2010 Strategic Plan. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -34 Adopting the 2010 Strategic Plan. Motion passed unanimously. 10i. AN ORDINANCE RELATING TO AN ADMINISTRATIVE PENALTY SYSTEM, ADDING SECTIONS 18 -201 TO 18 -211 TO THE BROOKLYN CENTER CITY CODE Assistant City Manager /Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Ms. Schleuning provided a PowerPoint presentation focusing on the following information: • Ordinance Development and Implementation Process • Definition and Purpose of Administrative Penalty Systems • Proposed Ordinance Highlights • Revisions to Draft Ordinance from the January 11, 2010, Work Session • Other Program Logistics • Required Council Actions City Attorney Charlie LeFevere clarified that City personnel initiating enforcement action can decide to proceed under the administrative process, or in some cases it may be more appropriate to follow the criminal process. If the administrative process is followed initially the violator will need to go through the process and pay the fine in order to avoid the criminal process. The administrative process does not result in a criminal record, and typically the court proceedings 02/08/10 -7- are in City Hall or in a more convenient location than criminal proceedings downtown. The administrative process also does not require as much time from police personnel. It was noted that the administrative process will provide a quicker resolution than criminal proceedings and that individuals will have the option to pursue the criminal process rather than the administrative process if they choose. It was further noted that residents who receive a citation they feel is inappropriate will have the opportunity to go through district court if the hearing officer finds for the City in an appeal. Councilmember Roche moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to an Administrative Penalty System, Adding Sections 18 -201 to 18 -211 to the Brooklyn Center City Code and set second reading and Public Hearing for March 8, 2010. Motion passed unanimously. 10j. RESOLUTION NO. 2010 -35 ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07, AND 08, CONTRACT 2010 -B, TWIN LAKE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 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 this hearing, being set for March 8, 2010, is an opportunity for residents to provide further input on the improvement project. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -35 Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2010 -05, 06, 07, and 08, Contract 2010 -B, Twin Lake Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 10k. RESOLUTION NO. 2010 -35 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -05 AND 06, TWIN LAKE AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey 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. 2010 -36 Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed 02/08/10 -8- Special Assessments for Improvement Project Nos. 2010 -05 and 06, Twin Lake Area Neighborhood Street and Storm Drainage Improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the North Hennepin Chamber of Commerce Gala Fundraiser at the Earle Brown Heritage Center on Friday, February 5, 2010. Councilmember Roche reported on the following: • There are four weekends left to register for Little League Baseball /T -Ball with Brooklyn Center American Little League • He encourages residents to ride Metro Transit and catch No. 766 if they are going to a Twins game • History Round Table is held every month at Embassy Suites. The next meeting is scheduled for Saturday, March 6, 2010, at 9:00 a.m. It provides an opportunity to find out what is going on with other groups in Hennepin County specific to history. • His attendance at the Brooklyn Center Birthday Party. Thank you to staff and Mr. Cohen for putting on the event on an annual basis. • His attendance at the Metropolitan Council Regional Meeting. Councilmember Ryan reported on his attendance at the Brooklyn Center 99 Birthday Party. He acknowledged the representatives of The Lions, The Rotary, LEAP, and youth sports /schools. He thanked these volunteers and the many other volunteers in the community. Mayor Willson reported on his attendance at the Brooklyn Center 99 Birthday Party and the Waffle Breakfast put on by the Lions and Lionesses on Sunday morning, February 7 to . He thanked Cub Scout Pack 403 for the excellent work maintaining and resetting the tables. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:26 p.m. Motion passed unanimously. 02/08/10 -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 of Brooklyn Center held on February 8, 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 ouncil adopted said minutes at its February 22, 2010, Regular Y p Y g Session. v City Clerk Mayor 02/08/10 -10-