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Home My WebLink About2010 08-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 9, 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 b Mayor Tim Y tY P Y Y 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 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 Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan 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 7:00 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 08/09/10 -1- �L Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, 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, with hearing date change for Item No. 6d to September 13, 2010, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 19, 2010 — Budget Work Session with Financial Commission 2. July 26, 2010 — Study Session/Work Session 3. July 26, 2010 — Regular Session 6b. LICENSES MECHANICAL American Air Supply 11257 207 Avenue NW, Elk River A &M Heating & Air 22280 Tippecanoe Street NE, East Bethel BFS Heating & Cooling 16526 West 78 Street, Eden Prairie Kalmes Mechanical, Inc. 15440 Silverod Street NW, Andover Parkview Heating and Air 10218 Parkview Circle, Bloomington RENTAL — RENTAL STANDARDS PRIOR TO MARCH 6, 2010 RENEWAL 6740 Grimes Place / Victoria Townhomes The Gaughan Properties RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III —one-year license) 282467 th Lane N. Molly Collins INITIAL TYPE H— two-year license) 5352 72" Circle Denise Michaelides 6718 Perry Avenue N. Daniel Blonigen 6018 Zenith Avenue N. Thu Ung RENEWAL (TYPE III — one-year license) 4806 Twin Lake Avenue Douglas Wahl 5814 Ewing Avenue N. Salim & Michele Nyarecha 5618 Hillsview Road Nita Morlock 08/09/10 -2- RENEWAL (TYPE II — two-year license) 5800, 5830 Logan Avenue N. / The Lilacs Farnaz Toussi 5401 Morgan Avenue N. Amit Kirdatt RENEWAL (TYPE I — three-year license) 5740 Dupont Avenue N. Dion Properties, Inc. 6c. RESOLUTION NO. 2010 -105 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6d. RESOLUTION NO. 2010 -106 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ABATEMENT REMOVAL COSTS 6e. RESOLUTION NO. 2010 -107 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2008 -05, 06, 07 & 08, CONTRACT 2008 -B, XERXES AVENUE AND NORTHWAY DRIVE STREET AND UTILITY IMPROVEMENTS 6f. RESOLUTION NO. 2010 -108 ESTABLISHING IMPROVEMENT PROJECT NO. 2010 -16, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 2010 -16, SHINGLE CREEK RESTORATION IMPROVEMENTS 6g. RESOLUTION NO. 2010 -109 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 2009 -18, CONTRACT 200 -I, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT 6h. RESOLUTION NO. 2010 -110 AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT FOR THE COUNTY ROAD 57 STREETSCAPE PROJECT NO. 2010 -17 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. HENNEPIN COUNTY SHERIFF RICH STANEK ANNUAL REPORT Hennepin County Sheriff Rich Stanek introduced himself, thanked the Council for its support, and congratulated them on the appointment of Police Chief Benner. Sheriff Stanek presented highlights of their 2009 annual report, noting that from 2008 -2009 there had been a 19% decrease in violent crime. He also presented an explanation of the strategies used by the Sheriff's Department to reduce violent crime. 08/09/10 -3- The Council thanked Sheriff Stanek for the annual report and his department's cooperation in local law enforcement. With regard to outstanding arrest warrants, Sheriff Stanek described last year's efforts to work in cooperation with local Departments to execute outstanding warrants. Captain John Lageson, Investigation Division, informed the Council of Operation Summer Splash, a two -day cooperative effort to get the most serious offenders off the street, noting that hundreds of warrants were cleared through that operation. The Council noted many residents are hesitant to use 911. Sheriff Stanek encouraged residents to use 911 for everything, since the call will come into dispatch and the information will be relayed to the proper agency. He commented on the City's successful National Night Out Kick Off Party and neighborhood events. Chief Benner thanked Sheriff Stanek for their work and advised that there 205 Neighborhood Watch Groups in the City. Sheriff Stanek thanked the Council for the opportunity to present the annual report and encouraged them to contact him should something come up that he can help with. Sheriff Stanek and Captain Lageson commented on Police Chief Benner's years of experience and understanding of how to best police this diverse community. 7b. RESOLUTION NO. 2010 -111 RECOGNIZING AND COMMENDING RESIDENTS' ACHIEVEMENTS IN THE 2010 CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN CONTEST Mr. Lillehaug presented the Brooklyn Center Landscape and Garden Program and thanked Master Gardner Abiy Assefa who assisted with judging. Mr. Lillehaug stated the three winners are: Linda and Randy Davis at 6919 Toledo Avenue N.; Mary & Tim Czech at 6025 Halifax Avenue N.; and, Susan Langston at 5517 Twin Lake Boulevard E. Gift certificates to each of the three winners were provided by the Brooklyn Center American Legion. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -111, Recognizing and Commending Residents' Achievements in the 2010 City of Brooklyn Center Landscape and Garden Contest. Motion passed unanimously. 8. PUBLIC HEARING - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -112 APPROVING THE REQUEST FOR NONPUBLIC 08/09/10 -4- SALE OF NON - CONSERVATION TAX FORFEITED LAND AT 5800 BRYANT AVENUE NORTH TO THE CITY OF BROOKLYN CENTER BY HENNEPIN COUNTY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He explained this action does not require the City to make the purchase, but preserves the City's right to make an offer for this tax forfeited property after a property analysis has been completed whether the property can be rehabilitated or the buildings demolished and the site redeveloped. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -112, Approving the Request for Nonpublic Sale of the Non - Conservation Tax Forfeited Land at 5800 Bryant Avenue North to the City of Brooklyn Center by Hennepin County. Motion passed unanimously. 10b. RESOLUTION NO. 2010 -113 APPROVING THE REQUEST FOR NONPUBLIC SALE OF NON - CONSERVATION TAX FORFEITED LAND AT 5331 MORGAN AVENUE NORTH TO THE CITY OF BROOKLYN CENTER BY HENNEPIN COUNTY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -113, Approving the Request for Nonpublic Sale of the Non - Conservation Tax Forfeited Land at 5331 Morgan Avenue North to the City of Brooklyn Center by Hennepin County. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -114 ESTABLISHING IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03, AND 04, LOGAN AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Lillehaug introduced the item and recommended proceeding with the 2011 street projects so the project is ready to build next year. It was noted that three projects were under consideration and are part of the 18 year long -range plan to reconstruct the City's streets. The projects are well established in the CIP and involve the Logan Area Neighborhood, about 2.3 miles of streets and utilities, and 210 residential properties. The action before the Council is to proceed with pre - design work, at a cost of $35,000, schedule an informational meeting, and prepare a feasibility study that will be presented to the Council for consideration. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -114, Establishing Improvement Project Nos. 20111 -01, 02, 03, and 04, Logan Area 08/09/10 -5- Neighborhood Street, Storm Drainage, and Utility Improvements. Mr. Lillehaug stated staff anticipates having the East Palmer Lake neighborhood project before the Council at the next meeting to request approval to proceed with that project design. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -115 ESTABLISHING IMPROVEMENT PROJECT NO. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS Mr. Lillehaug introduced the item, noting this is the same consideration to establish the project to evaluate 2,800 feet of street and utilities along Unity Avenue, north of 69 to the City limits at 73` Avenue, involving 100 residential properties, plus a side street to the west. He noted the City needs to look at the homeowner's association covenants to determine how an assessment would pertain to those private streets. Mr. Lillehaug recommended authorization of $25,000 to proceed with preparation of the feasibility report for this project. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -115, Establishing Improvement Project No. 2011 -05, Unity Avenue Street Improvements. Motion . assed unanimously. Y 10e. RESOLUTION NO. 2010 -116 ESTABLISHING IMPROVEMENT PROJECT NO. 2011 -06, SHINGLE CREEK PARKWAY STREET IMPROVEMENTS Mr. Lillehaug stated this street improvement project is for Shingle Creek Parkway from Freeway Boulevard to Shingle Creek by the Public Works Facility. This portion of the roadway surface is in bad repair so staff will step up maintenance prior to winter weather. The project includes about 4,000 feet of streets and minor utility repair. Mr. Lillehaug stated this roadway was reconstructed in 1995 and failed prematurely. Similar to the project to the west, the City did not assess because of premature failure and anticipate this project proceeding in same manner. He recommended authorization of $25,000 to proceed with the preliminary design of this project. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -116, Establishing Improvement Project No. 2011 -06, Shingle Creek Parkway Street Improvements. Motion passed unanimously. 10C RESOLUTION NO. 2010 -117 AUTHORIZING RETENTION OF CARSON, CLELLAND AND SCHREDER FOR CITY PROSECUTION SERVICES AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted every four years the City is to review certain contracts and the Council 08/09/10 -6- decided, earlier this year that it would be prudent to extend the contract instead of using an RFP process. Staff met with the prosecutor's office and drafted the contract before the Council for continuation of the quality prosecutor services to which the City has become accustomed. It was noted these hourly charges have been in place for the past several years and will continue through the end of 2011. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -117, Authorizing Retention of Carson, Clelland and Schreder for City Prosecution Services and Authorizing Mayor and City Manager to Execute Contract. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the National Night Out Kick Off and neighborhood parties that were a great opportunity to meet residents and emphasize the important things being done for public safety to reduce crime. He commented on the importance of cooperation between agencies to work towards City goals to reduce crime. He noted that as a result of that effort, crime is dropping as highlighted on a graph he had prepared. Councilmember Yelich stated the report shows that crime has dropped as of 2009 and it is expected that trend will continue. Councilmember Lasman reported on her attendance at the following: • August 2, 2010, National Night Out Kick Off Party. • August 3, 2010, National Night Out Event, which was a great evening with good attendance and exhibits enjoyed by all. She indicated she attended 9 -10 parties along with Crime Prevention members, Police Officers, and Sheriff Department deputies. • August 4, 2010, Budget Work Session. • August 4, 2010, Centennial Committee meeting, where plans are going well and their next meeting will be August 18, 2010, 5:30 p.m., at the Community Center. She encouraged all to attend and participate. Councilmember Lasman announced that on September 25, 2010, the Brooklyn Center Crime Prevention Program will host a fund raiser at Applebee's. Councilmember Roche reported on his attendance at the following: • August 2, 2010, National Night Out Kick Off Party and thanked all for attending even though it was hot weather. • August 3, 2010, National Night Out neighborhood events, which he enjoyed. He thanked residents for living in Brooklyn Center and being involved in the community. • August 4, 2010, Budget Work Session, noting there will be ongoing meetings and the Council will be looking at cost saving measures. Councilmember Roche encouraged all to vote at tomorrow's Primary. Councilmember Ryan reported on his attendance at the : followin Y p g 08/09/10 -7- • August 2, 2010, National Night Out Kick Off Party, which was an outstanding event in Central Park, attended by many, and visited by the Sheriffs Department, Brooklyn Center Police and Fire Departments, National Guard, FBI, and other civic groups. He thanked the Lions Club for providing free food. • August 3, 2010, National Night Out neighborhood parties, noting he attended ten events. • August 4, 2010, Budget Work Session. Mayor Willson reported on his attendance at the following: • August 2, 2010, National Night Out Kick Off Party. • August 3, 2010, National Night Out neighborhood events. • August 4, 2010, Work Session with the Financial Commission. Mayor Willson commented on the reduction in crime as reviewed by Sheriff Stanek and Councilmember Yelich, indicating that it was reduced 25 -30% from 2008 to 2009 but the Council is not done yet and will continue this effort through the upcoming years through the efforts of every officer. He encouraged residents to participate in the primary election tomorrow by casting a vote and becoming part of the public process. Councilmember Lasman noted that the Crime Prevention Program paid for most of the items and food at the National Night Out Kick Off Party through fund raisers. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:00 p.m. Motion passed unanimously. 08/09/10 -8- 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 August 9, 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 August 23, 2010, Regular Session. City Clerk Mayor 08/09/10 -9-