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HomeMy WebLinkAbout2009 01-12 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 JANUARY 12, 2009 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 & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, 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 Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Fr. Brian Gillis of St. Alphonsus Catholic Church provided the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered the Oath of Office to Councilmembers Kay Lasman and Tim Roche. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:05 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 & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary 01/12/09 -1- Eitel, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, 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 Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. December 8, 2008 - Study Session 2. December 8, 2008 - Regular Session 3. December 8, 2008 - Work Session 4. December 8, 2008 - Executive Session 6b. LICENSES BOWLING ALLEY AMF Earle Brown Lanes FIREWORKS - PERMANENT Cub Foods Target Corporation GARBAGE COLLECTION VEHICLE Garbageman, Inc. GASOLINE SERVICE STATION Brookdale Citgo Brooklyn Center Municipal Garage Brooklyn Center Service, Inc. Boulevard Enterprises, Inc. Holiday Stationstores, Inc. Metropolitan Council Metro Transit Qwest Communications SuperAmerica 43192 SuperAmerica #4058 SuperAmerica #4160 MECHANICAL NAC Mechanical The Maintenance Team PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle 3245 Co Rd No 10 6100 Shingle Creek Parkway 401 11th Avenue South #200, Hopkins 5710 Xerxes Ave N 6844 Shingle Creek Parkway 6849 Brooklyn Blvd 5300 Dupont Ave N 42066 1h Ave N 6845 Shingle Creek Parkway 6540 Shingle Creek Parkway 6950 Brooklyn Blvd 1901 57th Ave N 6545 West River Road 1001 Labore Industrial Ct, Vadnais Heights 10250 Valley View Rd, Eden Prairie 6440 James Circle 1 1 1 01/12/09 -2- RENTAL INITIAL 1601 68th Ln N 2907 64th Ave N 3224 67th Ave N 5418 70th Cir 4009 73`d Ave N 6315 Brooklyn Blvd 5609 Bryan Ave N 5812 Camden Ave N 5307 Emerson Ave N 6712 Emerson Ave N 7042 Emerson Ave N 5636 Fremont Ave N 6807 Humboldt Ave N C101 6807 Humboldt Ave N C102 6807 Humboldt Ave N C 103 6807 Humboldt Ave N C204 6807 Humboldt Ave N B102 6807 Humboldt Ave N B301 6807 Humboldt Ave N B304 6807 Humboldt Ave N A102 6807 Humboldt Ave N A201 6807 Humboldt Ave N A202 6807 Humboldt Ave N A204 5746 Irving Ave N 5730 June Ave N 5524 Logan Ave N 5401 Morgan Ave N 6148 Noble Ave N 6343 Orchard Ave N 6125 Scott Ave N 6401 Scott Ave N RENEWAL 540163" Ave N 700-890 66th Ave N Georgetown Park Townhouses Specific exterior items remain to be done. Weather deferral is through May 31, 2009 6700 Orchard Ln N Marvin Garden Townhomes 5207 Twin Lake Blvd E 5300-04 Vincent Ave N 2318 55th Ave N 5101 Eleanor Ln 6343 Emerson Ave N 6823 Fremont PI N Miesha Allen Chudi Igbanugo Haymant Dasrath Douglas Wahl Usbelia Dora Raymond He Mai Vang Roberto Rodriguez Jeff Theisen Azeem Begum John Hicks Samer Alamy William Lind William Lind Raymond Charest William Lind William Lind Raymond Charest Richard Edlich William Lind William Lind Margaret Berlin William Lind Kathy Becker David Holt Kyle Klawiter Amit Kirdatt Jose Mendoza Thomas & Dawn Mould David Rosenberg Glenn Berscheit John Schwarz Wiensch Construction Redevco Marvin Garden Ltd David Ulhorn Steven & Debra Elhardt Helen Osonowo Michael Potaczek Michael Meyer Duane Carter 01/12/09 -3- SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Pkwy GameStop #535 6068 Shingle Creek Pkwy GameStop #1704 1307 Brookdale Center TOBACCO RELATED PRODUCT Amarose Gifts 1108 Brookdale Center American Legion Post 630 6110 Brooklyn Blvd Brookdale Citgo 5710 Xerxes Ave N Brooklyn Center Municipal #1 5625 Xerxes Ave N Brooklyn Center Municipal #2 6930 Brooklyn Blvd Brooklyn Center Service, Inc. 6849 Brooklyn Blvd CVS Pharmacy #1683 5801 Brooklyn Blvd Cub Foods 3245 Co Road 10 Holiday Stationstores, Inc. 420 66' Ave N Musaab Inc. 6890 Shingle Creek Pkwy Royal Tobacco 6930 Brooklyn Blvd Sankhar Forex, Inc. 5808 Xerxes Ave N Sun Foods 6350 Brooklyn Blvd SuperAmerica #3192 6950 Brooklyn Blvd SuperAmerica #4058 1901 57' Ave N SuperAmerica #4160 6545 West River Road Value Food 6804 Humboldt Ave N Walgreen Company 6390 Brooklyn Blvd 6c. RESOLUTION NO. 2009-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2009-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2009-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH 6f. RESOLUTION NO. 2009-04 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6g. RESOLUTION NO. 2009-05 GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS 6h. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 50173' AVENUE NORTH 1 1 1 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 01/12/09 -4- 7a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARY O'CONNOR FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson stated Mary O'Connor has requested not to be recognized for her public service with the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded not to adopt the proposed resolution expressing recognition and appreciation of Mary O'Connor for her dedicated service as council member in order to honor the request of Mary O'Connor. Motion passed unanimously. 7b. RESOLUTION NO. 2009-06 EXPRESSING RECOGNITION AND APPRECIATION OF MICHAEL JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-06 Expressing Recognition and Appreciation of Michael Johnson for his Dedicated Public Service on the Housing Commission. Mayor Willson recited Resolution No. 2009-06. It was noted that Mr. Johnson has made a significant contribution through his service on the Housing Commission. Motion passed unanimously. 7c. RECOGNITION OF BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNERS 1. RESOLUTION NO. 2009-07 RECOGNIZING LEONE WADSWORTH HOWE AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-07 Recognizing Leone Wadsworth Howe as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. Mayor Willson recited Resolution No. 2009-07. Motion passed unanimously. 2. RESOLUTION NO. 2009-08 RECOGNIZING EARL SIMONS AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-08 Recognizing Earl Simons as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. 01/12/09 -5- Mayor Willson recited Resolution No. 2009-08. Motion passed unanimously. 7d. RESOLUTION NO. 2009-09 EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2009 AND 2010 SAFETY CAMP PROGRAMS, 2009 EARLE BROWN DAYS PARADE, 2009 EARLE BROWN DAYS SENIOR GOLF TOURNAMENT, 2009 ENTERTAINMENT IN THE PARK PROGRAM, 98TH BIRTHDAY CELEBRATION, AND THE 2009 HOLLY SUNDAY ACTIVITIES Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-09 Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2009 and 2010 Safety Camp Programs, 2009 Earle Brown Days Parade, 2009 Earle Brown Days Senior Golf Tournament, 2009 Entertainment in the Park Program, 98th Birthday Celebration, and the 2009 Holly Sunday Activities. Mayor Willson recited Resolution No. 2009-09. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. FRANCHISE FEE ORDINANCE AMENDMENTS 1. ORDINANCE NO. 2009-01 AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; FEE SCHEDULE FOR AN ELECTRIC FRANCHISE FEE ON XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER Mr. Jordet discussed the history and provided an overview of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Ms. Judith Thorbus, 6265 Brooklyn Drive North, addressed the Council and stated her opposition to the proposed increase to the franchise fee. Ms. Thorbus stated her position that the franchise fee is another hidden tax surcharge. She questioned how many other neighborhood communities have legislated this fee. Ms. Thorbus stated when this fee was first introduced she believes Councilmember Lasman thought other options of raising revenue would come to focus in the future and that a temporary fee would be sufficient. Ms. Thorbus expressed concern regarding the significant portion of the City's residents that fall through the cracks and do not qualify for energy assistance. She stated her position that energy, gas and heat are basic, and that options should be looked at rather than to use it as a source of revenue for the City. She also expressed concern regarding the placement of street lights in the City and that some of the streets in the City are very dark. Mr. Dan Remiarz, 6201 June Avenue North, addressed the Council and stated his preference to pay the proposed fee directly to the City rather than going through the gas or electric company with state 01/12/09 -6- tax being added to the charge. Mr. Michael Parks, 3218 64th Avenue North, addressed the Council and asked what street improvements the franchise fee will be used for. Mayor Willson provided information on the work involved in the 2008 and 2009 street reconstruction program. He explained it is a 30 year program that the City is 15 years through. Mr. Parks verified that the City Council sets the priorities on the projects that will occur. Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing. Motion passed unanimously. There was discussion on funding for the street reconstruction program. Mr. Boganey stated the franchise fees that are collected go to the Street Reconstruction Fund and those dollars are used to pay the City's share of the street reconstruction project cost. Water improvements are funded through the Water Fund, utility improvements are funded through the Utility Fund, and sanitary improvements are funded through the Sanitary Fund. Most of the street reconstruction is paid from a combination of special assessments and the monies coming from the franchise fee. He clarified that the fees collected go into the Street Reconstruction Fund and are not transferred into the General Fund. It was noted that the franchise fee increase adds up to approximately 48 cents annually and goes to subsidize street redevelopment in the City, and that one of the primary responsibilities of city government is the maintenance of infrastructure. In addition, the installation of curb and gutter improves the overall quality of the neighborhoods. Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2009-01 Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee on Xcel Energy for Providing Electric Service Within the City of Brooklyn Center. Motion passed unanimously. 2. ORDINANCE NO. 2009-02 AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; FEE SCHEDULE FOR A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing. Motion passed unanimously. Councilmember Lasman stated her position that the four cent per household increase in the franchise fee is reasonable and that the Street Reconstruction Program is as important today as when it was 01/12/09 -7- implemented. It was noted that without the proposed increase the Street Reconstruction Program would likely need to be drastically reduced. Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2009-02 Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a National Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Motion passed unanimously. 8b. ORDINANCE NO. 2009-03 AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr. Gatlin provided an overview of the proposed ordinance. It was noted that if smoke from a recreational fire is being directed to a nearby resident, the Fire Department will come to the site if the resident calls and complains. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Mr. Dan Remiarz, 6201 June Avenue North, addressed the Council and stated his opposition to recreational fires being allowed in the City. He expressed concern for people with allergies and questioned if the City has responsibility if a fire spreads. Mr. Clarence Dhein, 6344 Quail Avenue North, addressed the Council and stated his support of recreational fires being allowed as included in the ordinance amendment. Ms. Rozalinda Sitler, 5513 France Avenue North, addressed the Council and stated her support of recreational fires being allowed as included in the ordinance amendment. She noted that one of the benefits provided by recreational fires is bringing families together. She stated if there is an issue with a fire it should be common sense to talk to the neighbor having the fire or going through the City Council or Fire Department. Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2009-03 Amending Chapter 5 of the City Code of Ordinances. It was noted that some residents like recreational fires and others find them objectionable. In order to accommodate this difference cities try to put in place common sense restrictions that are enforceable. If there is a problem with a recreational fire residents are encouraged to call 911. Another option for contacting the City is E-Citizen. Motion passed unanimously. 01/12/09 -8- 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson announced the Mayoral recommendation for Mayor Pro Tern and Acting Mayor Pro Tern for the year 2009 as Councilmember Lasman and Councilmember Ryan respectively. Councilmember Roche moved and Councilmember Lasman seconded to ratify the nomination of Kay Lasman as Mayor/President Pro Tern and Dan Ryan as Acting Mayor/President Pro Tem. Motion passed unanimously. 10b. RESOLUTION NO. 2009-10 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson recited Resolution No. 2009-10. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-10 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2009 Mayor Willson noted the addition of Councilmember Roche as alternate to the Brooklyn Bridge Alliance for Youth. 2009 Mayoral appointments requested for ratification: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program NW Suburbs Cable Communications Commission Brooklyn Center Special Events Committee Earle Brown Days Committee North Hennepin Area Chamber of Commerce Metro Cities (Association of Metropolitan Municipalities) League of Minnesota Cities Council Member Dan Ryan Tim Roche Mark Yelich Kay Lasman Tim Roche Kay Lasman Tim Roche Kay Lasman Tim Willson; Mark Yelich - Alternate Tim Willson; Dan Ryan - Alternate There was discussion on the similarity of the 2009 appointments to the 2008 appointments. 01/12/09 -9- Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2009. Motion passed unanimously. 10d. CONSIDERATION OF LIQUOR LICENSE FOR SAN ANTONIO GRILL, 2010 FREEWAY BOULEVARD; RESOLUTION NO 2009-11 RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER, LLC Mr. Boganey introduced the item, discussed the history and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1 Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-11 Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center, LLC. Mayor Willson recited Resolution No. 2009-11. Motion passed unanimously. 10e. RESOLUTION NO. 2009-12 AUTHORIZING PROPOSED USE OF 2008 TARGET CHARITABLE CONTRIBUTION GRANT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-12 Authorizing Proposed Use of 2008 Target Charitable Contribution Grant. Mayor Willson recited Resolution No. 2009-12. He thanked the citizens, volunteers and corporations that contribute to the City. Motion passed unanimously. 10f. RESOLUTION NO. 2009-13 ESTABLISHING THE INTEREST RATE FOR 2009 SPECIAL ASSESSMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 01/12/09 -10- Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-13 Establishing the Interest Rate for 2009 Special Assessments. Motion passed unanimously. 10g. RESOLUTION NO. 2009-14 APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NOS. 2008-05, 06, 07, AND 08, CONTRACT 2008-B, XERXES AVENUE/NORTHWAY DRIVE; STREET AND UTILITY IMPROVEMENTS Mr. Lillehaug stated the purpose of the proposed resolution and provided an overview of Change Order No. 3 for Improvement Project Nos. 2008-05, 06, 07, and 08, Contract 2008-13; Xerxes Avenue / Northway Drive; Street and Utility Improvements. Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-14 Approving Change Order No. 3, Improvement Projects Nos. 2008-05, 06, 07, and 08, Contract 2008-B, Xerxes Avenue / Northway Drive; Street and Utility Improvements. Motion passed unanimously. 10h. RESOLUTION NO. 2009-15 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008-17, CONTRACT 2008 CAPITAL MAINTENANCE BUILDING PLAN Mr. Lillehaug discussed the history and purpose of the proposed resolution. He presented staff's recommendation to accept the lowest responsible bid with Alternate 2 and award a contract to Commercial Systems LLC of St. Paul, Minnesota for the 2008 Capital Building Maintenance Plan, Contract 2008-K in the amount of $149,836. There was discussion on the aesthetics and durability of the composite material deck boards included in Alternate 2. It was noted that composite deck will not require the maintenance of applying sealant every two to three years that is required with cedar or pre-treated deck boards. In response to questions about the possibility of including the back area of the Civic Center in the 2008 Capital Maintenance Building Plan scope of work, Mr. Lillehaug explained that he believes there are improvements in the 15 year plan for this area, but that it is not included in the 2008 scheduled improvements. Staff will look into whether there are safety concerns in this area. The majority consensus of the City Council was to direct staff to report back to the Council on the back area of the Civic Center and where it fits into the Capital Maintenance Building Plan. In response to whether there are safety projects that might take precedence over items included in the 2008 Capital Maintenance Building Plan, Mr. Lillehaug explained that these improvements were prioritized and grouped together to give the City the best bang for the buck. Work will be done in 2009 that was planned for 2008, and if work planned for 2009 fits into the budget scheme it will be done in 2009 as well. He will conduct an evaluation of the plan to ensure that safety elements are prioritized. 01/12/09 -11- Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-15 Accepting Bid and Awarding a Contract, Improvement Project No. 2008-17, Contract 2008 Capital Maintenance Building Plan. Motion passed unanimously. 10i. RESOLUTION NO. 2009-16 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2008-01, 02, 03, AND 04, CONTRACT 2008-A, 2008 RESIDENTIAL AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS (MARANATHA) Mr. Lillehaug introduced the item, discussed the history and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-16 Approving Change Order No. 2 Improvement Project Nos. 2008-01, 02, 03, and 04, Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements (Maranatha). Motion passed unanimously. 10i. RESOLUTION NO. 2009-17 APPROVING AMENDMENT AND EXTENSION OF A SHOPPING CENTER LEASE FOR BC LIQUOR STORE #1 1 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2009-17 Approving Amendment and Extension of a Shopping Center Lease for BC Liquor Store 41. Motion passed unanimously. 10k. RESOLUTION NO. 2009-18 AFFIRMING FEES FOR CERTAIN LEASES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-18 Affirming Fees for Certain Leases. Motion passed unanimously. 101. RESOLUTION NO. 2009-19 AUTHORIZING THE CITY OF BROOKLYN CENTER'S HOUSING ADOPTION AND PARTICIPATION IN CRIME FREE MULTI-HOUSING PROGRAM Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 01/12/09 -12- Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-19 Authorizing the City of Brooklyn Center's Housing Adoption and Participation in Crime Free Multi-Housing Program. Councilmember Yelich stated his support of similar standards being applied to other rental properties in the City in the future. Mayor Willson thanked Representative Hilstrom for her work on this program. Motion passed unanimously. 10m. RESOLUTION NO. 2009-20 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2009) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-20 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2009). Councilmember Yelich moved and Councilmember Roche seconded to table RESOLUTION NO. 2009-20 until the first part of March of 2009 after the City Council has had the opportunity to hear about an overall budget plan for the City. Councilmember Yelich stated his support of putting the City Council raises that were recently put into effect on the table as a show of solidarity with the Local 49. Councilmember Ryan expressed concern with the City Council entering into issues concerning labor contracts that have already been negotiated. Mayor Willson, Councilmembers Lasman and Ryan voted against the same. Motion on amendment failed. Councilmember Yelich voted against the same. Motion passed. 10n. RESOLUTION NO. 2009-21 ADOPTING THE SHINGLE CREEK DAYLIGHTING STUDY FRAMEWORK PLAN AS A DEVELOPMENT GUIDE FOR CREEK ENHANCEMENTS AND PLANNING FOR THE REDEVELOPMENT OF THE BROOKDALE MALL AND OPPORTUNITY SITE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-21 Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site. 01/12/09 -13- Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich: No report. Councilmember Lasman reported on her attendance at the following events: ■ January 7, 2009 Aldrich Neighborhood Street Reconstruction Project Meeting. ■ January 8, 2009 Special Events Committee Meeting. The Brooklyn Center 98th birthday party will be on February 7, 2009 at the Earle Brown Heritage Center. Individuals can contact the Brooklyn Center Community Center at 763-569-3400 for more information. Councilmember Roche reported on his attendance at the following events: ■ Brooklyn Bridge Youth Alliance kickoff at Edinburgh Golf Course on Friday, January 4, 2009. A meeting with two members of the Brookdale Hennepin County Library in late 2008 where he communicated that there have been certain organizations that have not had the opportunity to utilize the public rooms in that area. The largest meeting room is now open to the public and the homework pub has been moved forward to the front of the lobby area. Councilmember Ryan reported on his attendance at the January 7, 2009 Aldrich Neighborhood Street Reconstruction Project Meeting. Mayor Willson reported on his attendance at the following events: ■ Brooklyn Bridge Youth Alliance Blue Jean Ball and formal signing of the agreement between the Alliance entities. ■ Visit Minneapolis North Meeting. The National Sports Center is actively working to have cities withdraw or opt out of the agreement, which will likely result in a restructuring of the organization and boundaries. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:07 p.m. Motion passed unanimously. 1 01/12/09 -14- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) 1 1 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 January 12, 2009. 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 January 26, 2009, Regular Session. i City Clerk Mayor 01/12/09 -15-