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Home My WebLink About2012 06-11 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 JUNE 11, 2012 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 Carol Kleven, Kay Lasman, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 As the invocation, Mayor Willson requested a moment of silence and personal reflection for those individuals who have served our country in the military. 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 Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public 06/11/12 -1- Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 29, 2012 Study Session 2. May 29, 2012 Regular Session 3. May 29, 2012 Work Session 4. June 4, 2012 Joint Work Session w/Financial Commission 6b. LICENSES AMUSEMENT DEVICES th Theisen Vending Company 2105 57 Avenue N. 6211 Brooklyn Boulevard FIREWORKS - PERMANENT Target #240 6100 Shingle Creek Parkway GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey nd Darling International, Inc. 9000 382 Avenue, Blue Earth MECHANICAL th Crow River P & H 7440 20 Street SW, Howard Lake Legend Services, Inc. 201 North Medina Street, Loretto Sylvander Heating, Inc. 412 Tyler Road N., Red Wing RENTAL CURRENT RENTAL STANDARDS INITIAL (TYPE III one-year license) 5724 Logan Avenue N. Konstantin Ginzburg 7009 Unity Avenue N. Bakary Fatty INITIAL (TYPE II two-year license) nd 3815 52 Avenue N. Jeffrey Sandberg th 2918 65 Avenue N. Hong Yang th 2916 67 Lane N. David Bui th 5407 70 Circle N. Bakary Fatty 6614 Bryant Avenue N. Yi Lin 06/11/12 -2- 4201 Lakeside Avenue N. #106 Warsono Widjaja 4724 Lakeview Avenue N. Rebecca Hernandez 5315 Logan Avenue N. Kristen and Joel Carson 6812 Perry Avenue N. John Tatley RENEWAL (TYPE III one-year license) 6400 Noble Avenue N. ZamZam Gesaade RENEWAL (TYPE II two-year license) st 3819 61 Avenue N. Fred Hanus th 5118 66 Avenue N. Scott Hanson RENEWAL (TYPE I three-year license) 5906 Dupont Avenue N. Bruce Goldberg 4718 Twin Lake Avenue Richard and Elizabeth Becht SIGNHANGER rd DeMars Signs 410 93 Avenue N., Coon Rapids TOBACCO RELATED PRODUCT Walmart 1200 Shingle Creek Crossing 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY OUR LADY OF FATIMA & ST. FRANCIS HIGH SCHOOLS ALUMNI ASSOCIATION FOR AN EVENT TO BE HELD AT MEC, 5801 JOHN MARTIN DRIVE, ON JULY 7, 2012 6d. RESOLUTION NO. 2012-75 AUTHORIZING DESIGNATION OF EASEMENTS FOR SHINGLE CREEK REGIONAL TRAIL REALIGNMENT PROJECT 6e. RESOLUTION NO. 2012-76 PROVIDING A NINE MONTH EXTENSION TO THE TIME PERIOD FOR THE SUBMITTAL OF THE EVANS NORDBY ADDITIONAL FINAL PLAT 6f. RESOLUTION NO. 2012-77 AMENDING THE AMPHITHEATER FUNDRAISING TASK FORCE MEMBERSHIP ROSTER 6g. RESOLUTION NO. 2012-78 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6h. RESOLUTION NO. 2012-79 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2012 6i. RESOLUTION NO. 2012-80 APPOINTING ELECTION JUDGES 06/11/12 -3- 6j. RESOLUTION NO. 2012-81 AUTHORIZING THE EXCHANGE OF ONE PERSONAL FLOATING HOLIDAY FOR THE MONDAY PRECEDING THE 2012 CHRISTMAS DAY HOLIDAY FOR CITY EMPLOYEES 6k. RESOLUTION NO. 2012-82 DECLARING THE CITY OF BROOKLYN MEASUREMENT SYSTEM FOR 2012 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2012-83 EXPRESSING RECOGNITION AND APPRECIATION OF DAN STARLING FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-83 Expressing Recognition and Appreciation of Dan Starling for his Dedicated Public Service on the Park and Recreation Commission. Mayor Willson read the resolution in full. Motion passed unanimously. 7b. RESOLUTION NO. 2012-84 EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2012 EARLE BROWN DAYS PARADE, THE 2012 YOUTH GOLF LEAGUES, AND THE COMMUNITY GARDEN PROGRAM Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-84 Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2012 Earle Brown Days Parade, the 2012 Youth Golf Leagues, and the Community Garden Program. Mayor Willson read the resolution in full. Motion passed unanimously. 7c. RESOLUTION NO. 2012-85 EXPRESSING APPRECIATION FOR THE DONATION OF THE MEDTRONIC FOUNDATION IN SUPPORT OF THE 2012 EARLE BROWN DAYS FIREWORKS Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-85 Expressing Appreciation for the Donation of the Medtronic Foundation in Support of the 2012 Earle Brown Days Fireworks. 06/11/12 -4- Mayor Willson read the resolution in full. Motion passed unanimously. 7d. PROCLAMATION DECLARING JUNE 21, 2012, TO BE DALE GREENWALD DAY Councilmember Lasman moved and Councilmember Ryan seconded to approve PROCLAMATION Declaring June 21, 2012, to be Dale Greenwald Day. Mayor Willson read the proclamation in full and presented it to Dale Greenwald. Motion passed unanimously. retired Community Development Director Brad Hoffman, and retired Planning and Zoning Specialist Ron Warren. He commented that City staff had promoted all working together, creating cohesiveness that he and his company appreciated. The Council and audience responded with a round of applause. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012-86 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2011 Mr. Boganey introduced the item, reviewed meetings held with the City Auditor and Financial Commission, and stated the purpose of the proposed resolution. Finance Director Dan Jordet presented the Comprehensive Annual Financial Report (CAFR) for the calendar year ended December 31, 2012presented the , noting the auditor had offered an unqualified, or clean opinion and no findings were made over internal controls. Mr. Jordet then presented 2011 financial results and stood for questions. Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-86 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2011. 06/11/12 -5- Mayor Willson complimented Finance Director Jordet and his staff for this comprehensive appreciation and indicated the document was easily understood and provided transparency of the Motion passed unanimously. 10b. CHARTER COMMISSION RECOMMENDATION REGARDING AMENDMENT TO CITY CHARTER CHAPTER 9 RELATING TO EMINENT DOMAIN Mr. Boganey introduced the item and noted a Public Hearing had been held on May 14, 2012, at which time He advised a unanimous vote was required of the City Council since the action would amend the City Charter. Mr. Boganey indicated consideration is on the original ordinance as proposed by the Charter Commission, with a 60-day timeframe to consider eminent domain. This is the ordinance initially published and under which the Public Hearing was held. Mr. Boganey indicated the Charter Commission has not yet presented a formal request to amend that language. City Attorney Charlie LeFevere advised the Charter Commission can submit an amendment at any time but to be placed on the November ballot, it must be submitted 17 weeks prior to the general election. Mr. Boganey indicated there is sufficient time for the Charter Commission to make the request to place the amendment on the ballot for the November election. Mayor Willson noted if the City Council is not unanimous, the Charter Commission could submit language for the ballot subject to City Council approval. He stated there is also a mechanism for a special election, which he would like to avoid due to its expense ($10,000 to $12,000). Mayor Willson noted the City Attorney will be attending the Charter Commission meeting on June 13, 2012, and asked him to make the Charter Commission aware of the timeline to place an item on the ballot. Councilmember Ryan stated the text under consideration tonight is the original text, about which the City Council has already expressed its concerns and those concerns remain. He stated if time permits, he would support a process to work with the Charter Commission to reach resolution. Mayor Willson noted the City Council did receive Charter Commission meeting minutes relating to its consideration of a revision to the proposed Charter amendment; however, those revisions have not been formally presented to the City Council. Councilmember Lasman stated the Charter Commission seemed to be somewhat in agreement that the original language for a 60-day period may be too short. She stated if this item is not unanimously supported, she hopes the Charter Commission would make its intent clear about the time period and open a process of conversation to avoid a costly special election. Councilmember Lasman stated she appreciates the work of the Charter Commission and has faith it will look at what is best for the City after conferring with the City Attorney. 06/11/12 -6- Councilmember Myszkowski concurred with the comments of Councilmembers Lasman and Ryan and indicated she had hoped a hybrid compromise could have been reached. She noted this is very important to the Charter Commission and she wished she had known if there were community concerns or complaints that resulted in the proposed Charter amendment. Councilmember Myszkowski stated she hopes this language can be worked out with the Charter Commission. Councilmember Kleven stated her agreement with the comments of her colleagues. Councilmember Ryan referenced the recent change in State law to provide that protection for property owners and expressed concern that an amendment to the City Charter may result in a future conflict with State law. He expressed concern for the cost to amend the Charter, noting to date it is $1,753 and if improperly drafted it could create more problems than it would solve. that have not yet been resolved. He indicated he hopes the City Council and Charter Commission continue to work together on this issue. Mayor Willson stated he had served on the Charter Commission for eight years and the Charter Commission is fully within its rights to propose amendments to the Charter. He stated his Home Rule Charter form of government and indicated he hopes the Charter Commission had its wishes. Councilmember Lasman stated her concern relates to the proposed phrase indicating: The City has a 60 day period from initiation by the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. She noted the City Attorney has addressed the lengthy process for projects and indicated 60 days is a very short time period to complete such a process. Councilmember Lasman stated her concern with the proposed amendment that after 60 days, the City would be locked into a land purchase that may cost taxpayer money to no avail. 1.ORDINANCE AMENDING CHAPTER 9 OF THE BROOKLYN CENTER CITY CHARTER REGARDING EMINENT DOMAIN Councilmember Lasman moved and Councilmember Ryan seconded to not adopt Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain. Mayor Willson asked for a legal opinion on the action before the City Council. Mr. LeFevere advised of Statute language and that the action would be a motion to approve with a vote or a motion to deny with a vote. Councilmember Lasman stated she proposed a motion to deny since a motion to approve would negate her previous comments. Motion passed unanimously. 11. COUNCIL REPORT 06/11/12 -7- Councilmember Myszkowski reported on her attendance at the following: June 4, 2012, Joint Work Session with the Financial Commission June 5, 2012, Earle Brown Days Committee Meeting Councilmember Myszkowski announced the Earle Brown Days Celebration from June 21 to 23, 2012. She also urged all to be aware that children are now out of school for the summer. Councilmember Ryan reported on his attendance at the following: May 31, 2012, Planning Commission Meeting June 4, 2012, Joint Work Session with the Financial Commission Councilmember Kleven reported on her attendance at the following: May 30, 2012, Delivered Welcome Bags to New Residents May 31, 2012, Planning Commission Meeting June 4, 2012, Joint Work Session with Financial Commission Councilmember Kleven announced that the Brooklyn Center Police Department had received the its assistance to Officer Jeff Sommers family during his deployment. She stated she found it moving to hear the Robbinsdale Cooper Chamber Choir sing the national anthem during President Councilmember Kleven announced Earle Brown Days events starting with the parade on June 21, 2012, and culminating with a fireworks display. Councilmember Lasman reported on her attendance at the following: June 4, 2012, Joint Work Session with Financial Commission Councilmember Lasman urged all drivers to be extra careful and aware of school children out in the neighborhood. She announced the upcoming Dudley Classic Softball Tournament. Mayor Willson reported on his attendance at the following: June 4, 2012, Joint Meeting with the Financial Commission June 6, 2012, Appearance on the Cable 12 Show, June 7, 2012, Brooklyn Center High School Graduation Ceremonies Mayor Willson announced he will be throwing out the first pitch at the June 17, 2012, Dudley Softball Tournament, which is the start of Earle Brown Days celebrations. He indicated this Tournament will be followed by the parade and many other eve website. Mayor Willson encouraged all to come out and enjoy the celebration events. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:05 p.m. Motion passed unanimously. 06/11/12 -8-