The URL can be used to link to this page

Home My WebLink About2010 11-22 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 NOVEMBER 22, 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, 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. Irving Koponen, 6707 Dupont Avenue North, stated his concerns with the Dupont Avenue reconstruction project and urged the City to require the contractor to live up to the contract or impose penalties. The Council asked questions of Mr. Koponen about his project observation in the immediate area of his home. City Manager Curt Boganey stated staff will contact Mr. Koponen and prepare a written response to the questions he raised. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation, focusing on those who may not enjoy a Thanksgiving holiday this week. 3. CALL TO ORDER REGULAR BUSINESS MEETING 11/22/10 -1- 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, 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, 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 Yelich moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 8, 2010 — Special Session 2. November 8, 2010 — Study Session 3. November 8, 2010 — Regular Session 4. November 8, 2010 — Work Session 6b. LICENSES MECHANICAL Appliance Installers of Minnesota, Inc. 14105 Rutgers Street NE, Prior Lake RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III one-year license) 4207 Winchester Lane Gena Gaal INITIAL (TYPE II — two-year license) 3701 55 Avenue N. Robert Johnson RENEWAL (TYPE III —one-year license) 280766 th Avenue N. Nicole Franklin RENEWAL (TYPE H — two-year license) 5906 Dupont Avenue N. Bruce Alan Goldberg RENEWAL (TYPE I — three-year license) 11/22/10 -2- 6406 Indiana Avenue N. William Coleman 3319 Mumford Road William Coleman 4500 Winchester Lane Daniel Pettit SECONDHAND GOODS DEALER Gamestop #535 6068 Shingle Creek Parkway 6e. RESOLUTION NO. 2010 -142 ACCEPTING PROJECT NO. 2009 -21, CONTRACT 2009 -L, 2009 CAPITAL MAINTENANCE BUILDING PLAN PROJECT AND AUTHORIZING FINAL PAYMENT TO EXCEL COMPANIES, INC. 6d. RESOLUTION NO. 2010 -143 APPROVING FINAL PLAT FOR NORTHBROOK CENTER 2 ND ADDITION 6e. RESOLUTION NO. 2010-144 PROVIDING A NINE MONTH EXTENSION TO THE TIME PERIOD FOR SUBMITTAL OF THE NORTHWEST FAMILY SERVICE CENTER FINAL PLAT 6f. RESOLUTION NO. 2010 -145 SETTING 2011 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES 6g. RESOLUTION NO. 2010 -146 AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA STATE PATROL 6h. CALLING FOR A PUBLIC HEARING TO BE HELD DECEMBER 13, 2010, ON THE PROPOSED DENIAL OF AN ON -SALE CLASS C INTOXICATING LIQUOR LICENSE FOR AMF EARLE BROWN LANES, 6440 JAMES CIRCLE NORTH Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -147 EXPRESSING RECOGNITION AND APPRECIATION OF JOANN CAMPBELL - SUDDUTH FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a resolution recognizing JoAnn Campbell- Sudduth for her dedicated public service on the Planning Commission. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -147 Expressing Recognition and Appreciation of Joann Campbell - Sudduth for her Dedicated Public Service on the Planning Commission. 11/22/10 -3- I Motion passed unanimously. 8. PUBLIC HEARING - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5603 BRYANT AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning introduced the item and advised that this property was inspected and five property code violations were cited and ultimately corrected. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection and two validated police incidents /nuisance calls for the past 12 months. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner about long -term solutions. Staff recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5603 Bryant Avenue N, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. The Council acknowledged that this process was the result of staff s hard work in 2009 to create a successful rental licensing process. Motion passed unanimously. 10b. CONSIDERATION OF 2011 UTILITY RATES 1. RESOLUTION NO. 2010-148 ADOPTING 2011 WATER UTILITY RATES, 11/22/10 -4- FEES, AND CHARGES 2. RESOLUTION NO. 2010-149 ADOPTING 2011 SEWER UTILITY RATES, FEES, AND CHARGES 3. RESOLUTION NO. 2010-150 ADOPTING 2011 STORM SEWER UTILITY RATES, FEES, AND CHARGES 4. RESOLUTION NO. 2010 -151 ADOPTING 2011 STREET LIGHT RATES AND CHARGES 5. RESOLUTION NO. 2010-152 ADOPTING 2011 RECYCLING RATE Mr. Boganey introduced the item and reviewed staff's cash flow analysis and recommendation for 2011 utility rates. Mayor Willson noted the following rates are under consideration: water at a 4% increase but originally projected at 5 %; sewer at a 3% increase but originally projected at 4 %; storm sewer at a 1% increase but originally projected at 3 %; street lights at a 3% increase but originally projected at 4 %; and recycling at a 2% increase but originally projected at 3 %. He pointed out that in all five funds, the rate of increase is at least one percentage point below projected rates. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -148 Adopting 2011 Water Utility Rates, Fees, and Charges; RESOLUTION NO. 2010 -149 Adopting 2011 Sewer Utility Rates, Fees, and Charges; RESOLUTION NO. 2010 -150 Adopting 2011 Storm Sewer Utility Rates, Fees, and Charges; RESOLUTION NO. 2010 -151 Adopting 2011 Street Light Rates and Charges; and RESOLUTION NO. 2010 -152 Establishing 2011 Recycling Rate. Councilmember Yelich commented that residents had been looking forward to a use based sanitary sewer rate and requested an explanation on the recommendation to increase the flat rate structure by three percent in 2011. Mr. Boganey explained the Council had originally considered a four percent rate increase and the three percent rate adjustment is based upon anticipated operating costs in 2011 as well as anticipated cash flow needs for construction projects. In January or February of 2011, staff will present a recommendation for a graduated rate fee that is also intended to be revenue neutral. Mr. Boganey explained that if the City does not implement the rate adjustment now, it runs the risk of not having sufficient revenue generated in 2011 to meet operating and other capital costs identified in the capital budget. He also explained that if the increase is delayed until the graduated system is in place, the graduated rates would have to be increased to a higher level to make up for the revenue lost by not implementing a three percent increase today. Councilmember Ryan reminded residents of the need to maintain cash balances so the costs for street utility projects can be defrayed and not fully assessed. Councilmember Yelich encouraged senior citizens to take advantage of the reduced rate offered, noting t is a significant s. icant savin g g g Motion passed unanimously. 11/22/10 -5- 11. COUNCIL REPORT Councilmember Yelich commented that Thanksgiving is a unique American holiday. He wished everyone a safe and happy Thanksgiving, noting Americans have a lot to be thankful for in spite of hardships. Councilmember Lasman reported on her attendance at the following: • November 15, 2010, the full Council attended a workshop jointly with the Financial Commission to discuss remaining budget items. • November 17, 2010, Crime Prevention Program meeting where reports were made by officers on two youth programs, the budget was discussed and approved, and discussion held on making fundraising efforts available to Block Watch programs. • November 18, 2010, Special Events Committee charged with the City's Centennial Birthday Party that will be held at the Earle Brown Heritage Center on February 5, 2011. Councilmember Roche extended his appreciation and thanks to Brooklyn Center residents, those who attend Council meetings, staff, and the Council for leading the City during tough economic times. He also thanked those serving on the Centennial Committee for their vision and leadership to plan the Centennial Birthday Party. He encouraged residents to attend planned events and enjoy meeting other residents. Councilmember Ryan reported on his attendance at the following: • November 10, 2010, Brooklyn Center Centennial Celebration committee meeting for the City's 100 birthday party. He advised there are a large number of events planned throughout 2011 that will appeal to a wide range of residents. He described how additional information and the event calendar for this event can be accessed on the City's website. • November 17, 2010, Metro Cities /League of Minnesota Cities Regional meeting with Councilmember -elect Kleven. He described the two presentations they attended. Councilmember Ryan advised that City Watch, the City's quarterly newsletter is tentatively scheduled to be published January 17, 2011. He wished all a happy Thanksgiving. Mayor Willson stated the City has a good program to recognize random acts of kindness, noting a presentation had been made at the last meeting to recognize those residents. He encouraged residents, during the upcoming holiday season, consider how their neighbors, friends, and community members are doing and to commit a random act of kindness for someone less fortunate. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:27 p.m. Motion passed unanimously. 11/22/10 -6- 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 November 22, 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 December 13, 2010, Regular Session. City Clerk Mayor 11/22/10 -7-