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HomeMy WebLinkAbout2010 04-26 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 APRIL 26, 2010 i 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, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, 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 Roche seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Myrna Kragness, former Brooklyn Center Mayor, offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order b Mayor Tim Willson Y tY � Y Y at 7:00 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, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City 04/26/10 -1- Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. 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. April 6, 2010 — Joint Session with Commissioners 2. April 12, 2010 — Study Session 3. April 12, 2010 — Regular Session 4. April 12, 2010 — Executive Session 5. April 12, 2010 — Work Session 6. April 19, 2010 — Board of Appeal and Equalization 6b. LICENSES MECHANICAL Associated Mechanical 1257 Marshall Road, Shakopee CenterPoint Energy 9320 Evergreen Blvd., Coon Rapids Home Comfort Cooling & Heating 8111 151 St Lane NW, Ramsey Northern Heating & Air 9431 Alpine Drive, Ramsey Stern Heating & Cooling 34181 180 Avenue, Red Wing Yale Mechanical, Inc. 9649 Girard Avenue S., Bloomington MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7231 Brooklyn Boulevard RENTAL INITIAL (two-year license) 5348 70 Circle Deepak Nath 5545 Brooklyn Boulevard William & Donna Zieska (passed with weather deferral) 3018 O'Henry Road Ut Nguyen RENEWAL (two-year license) 6700 Orchard Lane N, Marvin Gardens Redevco Marvin Garden LTD (passed with weather deferral) 04/26/10 -2- 5328 -30 Queen Avenue N. Chad & Amy Bucher 4100 61 Avenue N. Emmanual Coker 4907 65 Avenue N. William Bjerke 6835 Colfax Avenue N. Adeyinka Badewa 5419 Humboldt Avenue N. Cecilia Pineda 6907 Quail Avenue N. Tony & Carmen Holder INITIAL (TYPE II — two-year license) 6000 Beard Avenue N. Victor Lindblom RENEWAL (TYPE II — two-year license) 5306 Russell Avenue N. Donna Reinarz 6813 Humboldt Avenue N. B304 Richard Edlich TOBACCO Regal Dollar & Tobacco, Inc. 615 66 Avenue N. 6c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY GRAND GEDEH ASSOCIATION IN THE AMERICAS, INC. FOR AN EVENT TO BE HELD MAY 15, 2010, AT 5801 JOHN MARTIN DRIVE, BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MAY 16-22,2010, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Willson read a proclamation declaring May 16 -22, 2010, to be Public Works Week in the City of Brooklyn Center. Councilmember Lasman moved and Councilmember Roche seconded to approve Proclamation Declaring May 16 -22, 2010, Public Works Week in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARING None 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2010 -004 SUBMITTED BY WELSH CONSTRUCTION, LLC. REQUEST FOR PRELIMINARY PLAT 04/26/10 -3- APPROVAL OF NORTHWEST FAMILY SERVICES CENTER ADDITION, THE CONSOLIDATION OF TWO RESIDENTIAL LOTS WITH THE LOT 3, BLOCK 1, OSSEO SCHOOLS WILLOW LANE ADDITION AND DEDICATION OF RIGHT -OF -WAY FOR THE REALIGNMENTAMPROVEMENTS TO 71 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 14, 2010, MEETING City Manager Boganey introduced the item and reviewed the history. Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -004 submitted by Welsh Construction, LLC requesting Preliminary Plat approval of Northwest Family Services Center Addition, the consolidation of two residential lots with the Lot 3, Block 1, Osseo Schools Willow Lane Addition, and dedicated right -of -way for the realignment/improvements to 71 st Avenue North. He advised the Planning Commission recommended approval of this application at its April 15, 2010 meeting subject to several contingencies. 1. RESOLUTION NO. 2010 -75 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -004 SUBMITTED BY WELSH CONSTRUCTION, LLC, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -75 Regarding the Disposition of Planning Commission Application No. 2010 -004, Submitted by Welsh Construction, LLC, a Request for Preliminary Plat Approval of Northwest Family Service Center. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2010 -006 SUBMITTED BY WELSH CONSTRUCTION, LLC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 63,362 SQ. FT. BUILDING ADDITION, TWO LEVEL PARKING GARAGE AND RELATED SITE IMPROVEMENTS TO 71 AVENUE AND WILLOW LANE PARKING LOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 15, 2010, MEETING. Mr. Boganey introduced the item and reviewed the history. Mr. Eitel provided an overview of Planning Commission Application No. 2010 -006 submitted Welsh Construction, LLC for Site and Building Plan approval of a 63,362 sq. ft. building addition, three -level parking garage, and related site improvements to 71" Avenue and Willow Lane ECFE parking lot. He advised the Planning Commission recommended approval of this application at its April 15, 2010, meeting. Mr. Eitel displayed pictures of the existing building exterior elevations, depicting high quality design and building materials. He advised the applicant has agreed to continue the decorative landscaping theme along Brooklyn Boulevard 04/26/10 -4- and to irrigate and provide on -going maintenance of those areas. Mr. Eitel used overhead street maps to describe access points, traffic circulation, how through traffic will be discouraged, reviewed traffic volumes, and identified the single - family homes that have been purchased to accommodate street realignment. He presented the landscape plan and noted the location of an existing fence, which the Planning Commission discussed and considered whether a berm should be installed to provide a long -term solution. 1. RESOLUTION NO. 2010 -76 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -006 SUBMITTED BY WELSH CONSTRUCTION, LLC, A REQUEST FOR SITE AND BUILDING APPROVAL FOR PHASE II OF THE NORTHWEST FAMILY SERVICE CENTER Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -76 Regarding the Disposition of Planning Commission Application No. 2010 -006, Submitted by Welsh Construction, LLC, a Request for Site and Building Approval for Phase II of the Northwest Family Service Center. Some Council Members indicated support for the installation of a berm that will grow and mature rather than a fence that will deteriorate. It was noted that staff will be prepared at the public hearing to answer resident's questions related to traffic concerns. Mayor Willson commented that this project has been planned for a long time and is finally coming to fruition, acting as a "front door" that identifies Brooklyn Center. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -77 MAKING FINDINGS OF FACT AND ORDER RELATING TO STERLING SQUARE APARTMENTS, 1400 AND 1401 67 AVENUES NORTH AND 6640 AND 6700 HUMBOLDT AVENUES NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted the hearing had been advertised and held to address delinquent taxes and utilities and the Council had directed staff to prepare findings of fact and resolution to revoke the rental license. Mr. Boganey indicated the Council had not yet specified the period of time for which the license would be revoked. Prosecuting Attorney William Clelland advised that the City Clerk had verified that effective 4:34 p.m. today, the second half 2009 property taxes had not been paid. With regard to the appropriate timeline for revocation, City Attorney Charlie LeFevere referenced resolution language detailing the grounds under which the Council may revoke a rental license and determine the term. The resolution indicates: "The Council shall give due 04/26/10 -5- regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided, and good faith efforts to comply..." Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -77 Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67 Avenues North and 6640 and 6700 Humboldt Avenues North. The Council noted that property taxes in the amount of $35,000 are six months past due and the property owner had made no good faith effort to make payment, request a payment plan, or indicate the presence of a hardship. In addition, the property owner did not attend the hearing to communicate his perspective. The Council concurred with the need to send a "strong message" that the City is serious about its standards in how rental properties are managed. The Council requested a legal opinion related to the process should the appellant choose to protest property taxes. Prosecuting Attorney William Clelland advised that under Statutes, taxes not in dispute must be paid and the appellant must begin legal action that is served with the County. Mr. Clelland stated he found no evidence that Mr. Roder (property owner) had commenced legal action so this property does not qualify for that type of consideration. Mr. Clelland stated he wrote a letter to Mr. Roder requesting documentation but a response has not been received. The Council noted that a one -year revocation had been imposed in the past and requested a legal opinion whether imposing a six -month revocation with this case may establish precedence for future considerations. Mr. LeFevere explained that while this action is not a legal binding precedence, it certainly creates a political expectation on the part of citizens and landowners that they will be treated equally under the same set of circumstances. Councilmember Roche amended his motion to include a revocation of one year, until April 27, 2011. Councilmember Lasman, who seconded the motion, stated that while she finds this case to be less problematic than a past case that had a tremendous history of violations, the City Code clearly states that the licensee must remain current with all taxes, utilities, and assessments during the term of the rental license. She stated this is a clear violation and she maintains the second to the motion with a revocation of one year, until April 27, 2011. Councilmember Yelich stated that for the reasons cited by Councilmember Lasman, he believed a one -year revocation would be excessive and is more comfortable with a term of six months. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -77 Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67 Avenues North and 6640 and 6700 Humboldt Avenues North, to amend to institute a six -month revocation. Councilmember Ryan spoke in support of a six -month revocation based on consideration of the criteria detailed in the resolution regarding frequency and severity of violation. He stated he 04/26/10 -6- does not want the revocation to result in driving anyone out of business and believes that a six - month revocation is proportionate to the violation. Councilmember Roche spoke in support of a one -year revocation, citing ordinance language and especially given the amount of staff work to get the rental ordinance updated. Councilmember Lasman stated that for her it is less a matter of length of time (six months or one year) and more a matter of "sending a clear message" that delinquency will not be tolerated. She stated she can support either term because the City is sending the same message as long as there is a clear majority of support on the Council. Mayor Willson agreed with the need for Brooklyn Center to "send a clear message" and support for a one -year revocation. He noted that the property owner did not attend the hearing and has taken no action to make payment of the $35,000 delinquent taxes. Mayor Willson indicated this is not an easy decision, but it is the most fair given actions taken on other properties that have clearly violated the ordinance. Councilmember Yelich spoke in support of his motion to amend for a six -month revocation because it sends a "clear message" since the property owner cannot rent vacant units or units that become vacant during the term of revocation. In addition, the property owner must reapply and pay for a rental license and inspections. Councilmember Yelich stated he thinks a revocation of six months is more proportional and encouraged support of the amended motion. Councilmember Ryan asked whether it would be in order to hear from the property owner. Mayor Willson advised this is a determination of the Chair and he was not in favor of opening the floor for comment since his hearing process had been held, the property owner chose not to come forward at the hearing, and a hearing was not scheduled for tonight's meeting. Councilmembers Lasman, Roche, and Mayor Willson voted against the same. Motion to amend failed. Original motion passed unanimously, with one-year revocation. 10b. RESOLUTION NO. 2010 -78 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2010 DISEASED TREE REMOVAL Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted the low bidder, Arbor Design Tree Service, Inc. has performed satisfactorily in the past and has a good record with the Better Business Bureau. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -78 Accepting Quotation and Awarding a Contract for 2010 Diseased Tree Removal. Motion passed unanimously. 04/26/10 -7- 10c. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to amend the 2010 City Council meeting schedule to set the date and time of the Continued Board of Appeal & Equalization meeting for Monday, May 3, 2010, at 6 p.m. in the Brooklyn Center City Hall Council Chambers. Motion passed unanimously. 10d. AN ORDINANCE RELATING TO DISEASED TREES; AMENDING VARIOUS SECTIONS OF BROOKLYN CENTER CITY CODE ORDINANCE, SECTIONS 20-204,20-302 THROUGH 2O -304 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 regulating diseased and dead trees to provide clearer Code language and streamline City procedures. The Council discussed the ordinance language and what length of time would be reasonable for tree stump removal. Ms. Schleuning explained that a tree stump used as decoration would not pose as much of a problem as a diseased or infested tree stump. The Council also discussed a scenario of timing for tree stump removal following a large storm, accessibility of equipment into fenced back yards, and questioned whether a period of ten days was reasonable. Ms. Schleuning advised of staff's procedure to meet with the resident on site to determine the situation, t on, whether the tree is diseased if complaints had been received, and time period that would be reasonable and allow the property owner to remove the tree stump. Mr. Boganey noted if a resident was unable to find a contractor to perform the job in a fenced rear yard area, the City would probably have the same difficulty. In that case, the resident would be allowed to complete the stump removal in a timeframe that works. The Council expressed concern with the requirement to mill stumps just below the surface of the ground, even if not diseased, as it would result in additional costs to the property owner who may not be interested in milling the stump below ground level. It was noted that following a large storm, tree removal contractors come into the area to provide quotes to remove trees and tree stumps. The Council thanked staff for its work on the ordinance amendment and discussed whether the length of time for tree stump removal should be increased to several weeks. Mr. Boganey reviewed the actual time line for staff to take action, contact the property owner, determine the situation, and send notice allowing ten days. Ms. Schleuning commented on the need for a shorter time frame if the tree is diseased, is a public nuisance, has been dead for a long time, or endangering property. If there is a large storm, 04/26/10 -8- staff understands the need to be reasonable and residents would be given a longer period of time. She noted the City has a list of licensed contractors to help residents. The Council suggested that language be added to allow staff the ability to extend the period of time in certain cases, when appropriate. Mr. LeFevere explained this amendment shortens the time period from 20 days to 10 days. Ms. Schleuning estimated it takes closer to 30 days to give the initial notice, second notice, schedule and hold a public hearing before the Council, and send a follow -up notice. She advised that Chapter 19 relates to State Statute and this amendment would provide consistency and follow up but there would probably not be much difference in the time frame even though amended from 20 to 10 days. The Council suggested that language also be added to identify the steps taken in the process to provide more clarity. The Council discussed whether first reading should be delayed until staff has revised the language to clarify the issues raised, or if first reading should be given and the language changed prior to consideration of second reading. Mr. LeFevere stated this matter is not time sensitive so first reading could be tabled to the next meeting. Mayor Willson moved and Councilmember Lasman seconded to not approve first reading of An Ordinance Relating to Diseased Trees; Amending Various Sections of Brooklyn Center City Code, Sections 20 -204, 20 -302 through 20 -304, and direct staff to clarify language relating to days of notice and add detail on each step that would occur during the process. Councilmember Yelich voted against the same. Motion passed. 10e. RESOLUTION NO. 2010 -79 ADOPTING A FEE SCHEDULE FOR THE ADMINISTRATIVE PENALTY SYSTEM Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the proposed resolution to institute an administrative penalty system to address Code violations. The Council acknowledged the documentation is well laid out and easily understood. It was suggested that once approved, an article be published in City Watch regarding setback placement of waste and recycling containers. The Council discussed the proposed language addressing repeat violation and associated fines. Ms. Schleuning advised that when someone purchases a property, they are required to change the property owner name with the County and the City receives a copy of that information. She explained that the City notifies both the property owner and the occupant because while the property owner is still responsible for the property, in some cases both the property owner and the renter may be held responsible. Ms. Schleuning explained that it is not intended for the City to make money on the fines. Mr. Boganey explained the reference about the approved budget position that is currently vacated is to say to Council that when implementation of the program goes forward, that staff position will need to be filled. With respect to whether fees will cover the cost of enforcement or 04/26/10 -9- offset costs, the answer is yes. The fees will go to the General Fund and this staff position is a General Fund position. Ms. Schleuning advised that a big part of the enforcement program is an educational component and most times the violation is corrected when a compliance notice is sent. It is seldom that enforcement would be considered as the first action. Mr. Boganey agreed the goal is compliance and staff will make residents aware of the ordinance and, if necessary, give a warning. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -79 Adopting a Fee Schedule for the Administrative Penalty System. Motion passed unanimously. 10L AN ORDINANCE RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTION 5 -203 Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the proposed ordinance is to update the City's Fire Code to correct and clarify language and provide conformity with the Minnesota State Building and Fire Codes. Councilmember Roche moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to Fire Code; Amending a Section of Brooklyn Center City Code, Sections 5 -203, and scheduling a second reading and Public Hearing for May 24, 2010. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: • Northern Lights District Cub Scout Pinewood Derby hosted by the local GMC dealer. • Northern Star Council gathering of Eagle Scouts dinner and fund raiser. • Shingle Creek Watershed cleanup effort this past week and complimented all who came out in spite of the weather. • Earth Fest hosted by the Brooklyn Center High School this past Saturday. He stated he was impressed at the number and content of booths and the event was highly attended. • Meeting of local community activist creating momentum for redevelopment and job creation. Councilmember Yelich announced the Park and Recreation Commission will be touring local parks starting on May 18, 2010, and the City Council will be invited. He reminded residents that if they don't have insurance coverage for prescription drugs, the City offers a discount card for local retail pharmacies. He stated the cards are available at City Hall and urged residents to take advantage of this program. 04/26/10 -10- Councilmember Lasman reported on her attendance at the following events: • April 15, 2010, Brooklyn Center Special Events Committee meeting to discuss the "Party of the Century" scheduled on February 5, 2011. She urged residents to mark this date on their calendar. • April 19, 2010, Board of Appeal and Equalization. • April 23, 2010, retirement party for former Police Chief Scott Bechthold that was attended by many. • April 24, 2010, Shingle Creek cleanup that was attended by 40 participants who picked up 40 bags of trash so the Creek is better looking as a result. She advised that more cleanup will occur in the upcoming weeks. • April 24, 2010, Earth Fest at the Brooklyn Center High School where she was impressed with the turnout and booths Councilmember Lasman stated she was not able to attend the April 21, 2010, Brooklyn Center Police and Citizens Awards Ceremony but heard it was a wonderful event and congratulated all who received awards. She announced the May 21, 2010, Brooklyn Center Crime Prevention annual fund raiser golf tournament at Centerbrook Golf Course. She indicated that sponsorships remain available, and encouraged residents to participate and support the City's crime prevention efforts. Councilmember Roche reported on his attendance at the following events: • Board of Appeal and Equalization meeting that had a low turnout so it appears most property owners do not object with their assessed value. • Annual Police and Citizen Awards Ceremony, an outstanding event that packed Constitution Hall. He congratulated the Police Officers and Commander Benner who did an outstanding job. • On Tuesday, the Housing Commission toured Gateway Commons, an outstanding new complex on Xerxes and Bass Lake Road. • Earth Day Celebration, which was an outstanding success with almost 500 people in attendance. He thanked the Brooklyn Center High School for allowing the use of its facility for this event. Councilmember Roche stated he was not able to attend former Police Chief Scott Bechthold retirement party. He thanked staff, the Police Department, and the current and former City Council's for their efforts to get more officers on the streets which he believed has resulted in a rebirth of Brooklyn Center. Councilmember Roche reported on the Roundtable Meeting he attended at the Earle Brown Heritage Center and the facility tour that followed. Councilmember Ryan reported on his attendance at the April 21, 2010, Police and Citizens Awards Annual Ceremony. He indicated it was truly inspiring to hear of the events that occurred above and beyond the call of duty by Police Officers and ordinary citizens who have done extraordinary things and selfless efforts. He indicated that the City's First Responders are not only worthy of praise but also an inspiration to all and personifies what makes Brooklyn Center a great community. Mayor Willson reported on his attendance at the following events: 04/26/10 -11- • April 14, 2010, Centennial Meeting. • April 15, 2010, Special Events meeting where former Mayor Phil Cohen was a speaker. • April 21, 2010, Police and Citizens Awards Ceremony, noting it was the largest awards event the City has held. • April 22, 2010, Metro Cities Annual Meeting at the University Club that he attended with Mr. Boganey. • April 23, 2010, Retirement Party for former Police Chief Scott Bechthold. He stated the skit performed by Interim Police Chief Kevin Benner was excellently done and it was enjoyable to meet with family, friends, and former coworkers. • April 25, 2010 Lions Breakfast at the Brooklyn Center High School. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Lasman seconded adjournment of the City Council meeting at 9:00 p.m. Motion passed unanimously. 04/26/10 -12- 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 April 26, 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 May 10, 2010, Regular Session. -)J OA City Clerk Mayor 04/26/10 -13-