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HomeMy WebLinkAbout2008 12-08 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 DECEMBER 8, 2008 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, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, 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 Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson 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 7:32 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 12/08/08 -1- 5. PLEDGE OF ALLEGIANCE The agenda was amended to recite the Pledge of Allegiance during the Housing and Redevelopment Authority (HRA) meeting prior to the City Council meeting. 6. COUNCIL REPORT Councilmember Ryan: No report. Councilmember Lasman reported on her attendance at the December 7, 2008, Holly Sunday Event coupled with the State of Minnesota Sesquicentennial Celebration. Councilmember Yelich: No report Councilmember O'Connor reported on her attendance at an open house held this evening by Hearthstone, an organization that houses young male adults. Mayor Willson: No report 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda, as amended, with the addition of a Report on the November 14, 2008, Closed City Council Executive Session with the City Attorney to Conduct the City Manager Performance Evaluation and a Closed Executive Session to Discuss the Status of Legal Issues Related to Center Pointe Apartments, Council Consideration Item Nos. 9a and l lm respectively, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. November 14, 2008 - Special Session 2. November 17, 2008 - Joint Work Session with Financial Commission 3. November 24, 2008 - Study Session 4. November 24, 2008 - Regular Session 5. November 24, 2008 - Work Session 6. December 1, 2008 - Initial Truth in Taxation Session 7b. LICENSES GASOLINE SERVICE STATION Awad Company Bassil Co. dba Marathon 6501 Humboldt Avenue North 1505 69th Avenue North LIOUOR - CLASS A ON-SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall LIOUOR - CLASS B ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North Crowne Plaza 2200 Freeway Boulevard 1 1 12/08/08 -2- LIOUOR - CLASS D ON-SALE INTOXICATING AND SUNDAY Oak City' 2590 Freeway Boulevard LIOUOR - CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International @ Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR C 1 Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India' 6056 Shingle Creek Parkway LIOUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park' 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR - OFF-SALE 3.2 PERCENT MALT LIOUOR 1 Awad Company L 6501 Humboldt Avenue North Bassil Co. dba Marathon 2 1505 69th Avenue North Cub Foods - Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North ' Subject to submittal of Liquor Liability Insurance Certificate 2 Subject to submittal of background check by Police Department MOTOR VEHICLE DEALERSHIP Pear Marketing Inc. dba Cars with Heart 6121 Brooklyn Boulevard (License is effective January 3, 2009, when the two ordinance amendments relating to motor vehicle dealerships become effective) RENTAL INITIAL 4306 65'' Ave N 6001 Dupont Ave N 6349 Halifax Dr 5642 Humboldt Ave N 1 RENEWAL 5550 Girard Ave N 4718 Twin Lake Ave 12/08/08 -3- Laura Ben Donald Carlson Charles Bright/Qiang Fang Bill VanKempen Restart, Inc. Richard & Elizabeth Becht TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1505 69th Avenue North Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2008-128 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONESS CLUB IN SUPPORT OF THE 2009 SAFETY CAMP PROGRAM Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-128 Expressing Appreciation for the Donation of the Brooklyn Center Lioness Club in Support of the 2009 Safety Camp Program. Motion passed unanimously. 8b. RESOLUTION NO. 2008-129 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2009 SAFETY CAMP PROGRAM Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-129 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2009 Safety Camp Program. Motion passed unanimously. , 9. PUBLIC HEARING 9a. ANNOUNCEMENT REGARDING CITY MANAGER PERFORMANCE EVALUATION CLOSED CITY COUNCIL MEETING Mayor Willson reported on November 14, 2008, the City Council met with the City Attorney to conduct the City Manager performance evaluation. The meeting was closed under the exception of the open meeting law. The majority of the City Council agreed that the City Manager has met or exceeded standards in all categories of performance. The City Council is looking forward to working with the City Manager and implementing the Council goals for the next year. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2008-008 SUBMITTED BY OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279. REQUEST FOR SPECIAL USE PERMIT AMENDMENT FOR PARKING LOT SCREENING. THIS ITEM WAS CONSIDERED BY THE PLANNING COMMISSION AT A PUBLIC HEARING ON OCTOBER 30, 2008, AND WAS TABLED SO THAT THE PLANS COULD BE RESUBMITTED TO INCLUDE POSSIBLE MODIFICATIONS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 20, 2008, MEETING. 12/08/08 -4- Mr. Warren provided background information on Planning Commission Application No. 2008-008. Mr. Warren presented the recommendation of the Planning Commission for approval of the application and answered questions of the Council. There was discussion on the traffic flow in relation to the proposed separation of adult education in the south portion of the building and early childhood programs in the north portion of the building. It was noted that there would be more on-street parking likely without the construction of the parking lot. Councilmember Ryan moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2008-008 subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35-711 of the city's zoning ordinance. 2. The Special Use Permit Amendment acknowledges adult education uses as appropriate uses within the zoning classification of the city's zoning ordinance. 3. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of permits for the project. 4. Building permits for the proposed parking lot improvements are subject to the approval of the Building Official prior to the issuance of building permits. 5. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineer Department. 6. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 7. The Special Use Permit Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 8. Lighting on the property shall be consistent with Section 35-712 of the City Ordinances with respect to light intensity and avoidance of light glare. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. CONSIDERATION OF 2009 BUDGET 1. RESOLUTION NO. 2008-130 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2009 Mr. Boganey stated the proposed 2009 Budget was reviewed by the Finance Director during the HRA meeting tonight. He indicated he will stand for questions of the Council. Councilmember O'Connor stated her opposition to the City's involvement in redevelopment and the Housing and Redevelopment Authority. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-130 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes 12/08/08 -5- Payable in 2009. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION NO. 2008-131 ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2009 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-131 Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2009. Councilmember O'Connor voted against the same. Motion passed. 3. RESOLUTION NO. 2008-132 ADOPTING THE 2009 GENERAL FUND BUDGET Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-132 Adopting the 2009 General Fund Budget. Councilmember O'Connor voted against the same. Motion passed. 4. RESOLUTION NO. 2008-133 ADOPTING THE 2009 SPECIAL REVENUE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-133 Adopting the 2009 Special Revenue Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 5. RESOLUTION NO. 2008-134 ADOPTING THE DEBT SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-134 Adopting the Debt Service Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 6. RESOLUTION NO. 2008-135 ADOPTING THE 2009 CAPITAL PROJECT FUND BUDGETS Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-135 Adopting the 2009 Capital Project Fund Budgets. 12/08/08 -6- Councilmember O'Connor voted against the same. Motion passed. 7. RESOLUTION NO. 2008-136 ADOPTING THE 2009 ENTERPRISE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-136 Adopting the 2009 Enterprise Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 8. RESOLUTION NO. 2008-137 ADOPTING THE 2009 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-137 Adopting the 2009 Public Utility Fund Budgets. There was discussion on the Storm Water Sewer Fund Budget, specifically in relation to the $100,000 transfer to the General Fund. Mr. LeFevere stated this type of transfer is common practice with staff activities paid for from the General Fund and reimbursed from the Storm Water Sewer Fund. Councilmember O'Connor voted against the same. Motion passed. 9. RESOLUTION NO. 2008-138 ADOPTING THE 2009 INTERNAL SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-138 Adopting the 2009 Internal Service Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 10. RESOLUTION NO. 2008-139 ADOPTING THE 2009-2023 CAPITAL IMPROVEMENT PROGRAM Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-139 Adopting the 2009-2023 Capital Improvement Program. Councilmember O'Connor voted against the same. Motion passed. 11. RESOLUTION NO. 2008-140 ADOPTING 2009 WATER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-140 Adopting 2009 Water Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 12. RESOLUTION NO. 2008-141 ADOPTING 2009 SEWER UTILITY RATES, FEES AND CHARGES 12/08/08 -7- Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-141 Adopting 2009 Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 13. RESOLUTION NO. 2008-142 ADOPTING 2009 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-142 Adopting 2009 Storm Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 14. RESOLUTION NO. 2008-143 ADOPTING 2009 STREET LIGHT RATES AND CHARGES Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-143 Adopting 2009 Street Light Rates and Charges. Councilmember O'Connor voted against the same. Motion passed. 15. RESOLUTION NO. 2008-144 AFFIRMING 2009 RECYCLING RATE. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-144 Affirming 2009 Recycling Rate. Councilmember O'Connor voted against the same. Motion passed. llb. 2009 CITY COUNCIL MEETING SCHEDULE 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 the 2009 City Council Meeting Schedule. Motion passed unanimously. llc. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Councilmember Lasman moved and Councilmember Ryan seconded to approve the Mayoral Reappointments to City Advisory Commissions. Mayor Willson announced the following Mayoral Reappointments to City Advisory Commissions: Financial Commission - term to expire 12/31/2011 Todd Boster Rex Newman Housing Commission - term to expire 12/31/2011 Judy Thorbus Joshua Xiong 12/08/08 -8- Park and Recreation Commission - term to expire 12/31/2011 Bud Sorenson Dan Starling Planning Commission - term to expire 12/31/2010 Kara Kuykendall Stan Leino Sean Rahn Della Young Northwest Suburbs Cable Communications Commission - term to expire 12/31/2009 Rex Newman It was noted that the above are individuals that have been serving and are being reappointed to the commissions. The commissioners were commended for their time and commitment. Councilmember O'Connor voted against the same. Motion passed. lld. MAYORAL APPOINTMENTS - HOUSING COMMISSION AND NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Councilmember Lasman moved and Councilmember Yelich seconded to approve Mayoral Appointments to the Housing Commission and Northwest Hennepin Human Services Council Advisory Commission. Mayor Willson recited the following Mayoral Appointments to the Housing Commission and Northwest Hennepin Human Services Council Advisory Commission: ■ Housing Commission: Kathie Amdahl ■ Northwest Hennepin Human Services Council Advisory Commission: Julie Gillis It was noted that the above appointments are new individuals that have volunteered to serve on the commissions. Motion passed unanimously. lle. CONSIDERATION OF LIQUOR LICENSE FOR BOULEVARD'S BAR & GRILL, 2545 COUNTY ROAD 10 RESOLUTION NO. 2008-145 RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM RICH VENTURES, INC. 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 relating to an intoxicating liquor license from Rich Ventures, Inc. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to close the hearing relating to an intoxicating liquor license from Rich Ventures, Inc. 12/08/08 -9- Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-145 Relating to the Application for an Intoxicating Liquor License from Rich Ventures, Inc. Adoption of the resolution orders denial of the application for an intoxicating liquor license on the premise that the minimum requirements have not been met. There was discussion on the ratio requirements of food/liquor with different classes of intoxicating liquor licenses. Motion passed unanimously. 11E CONSIDERATION OF LIQUOR LICENSE FOR SAN ANTONIO GRILL, 2101 FREEWAY BOULEVARD RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER, LLC Mr. LeFevere stated the City Clerk received a voice mail message from the applicant requesting that this hearing be continued until a later meeting. He asked if there is anyone present tonight that would like to appear on behalf of the applicant. No one wished to address the City Council. Mayor Willson inquired about the rationale for continuing the hearing. Mr. LeFevere replied he does not know the reason, but it was stated in broad terms that the applicant needed more time. The applicant received notice on November 29, 2008. This is the minimum period of time for someone to prepare for a hearing and there was the Thanksgiving holiday over this time. Mr. LeFevere advised there is no disadvantage to the City in waiting to proceed with the hearing. The applicant cannot qualify for a liquor license until it is granted by the Council; the delay only affects the applicant and not the City. If this issue were ever to proceed to court it would be helpful that the City extends whatever reasonable time is necessary to allow someone to prepare their case. In as much as there is no harm to the City in doing that it would be his recommendation that the hearing be continued until the first City Council meeting in January. Councilmember Lasman moved and Councilmember Ryan seconded to continue the consideration of a liquor license for San Antonio Grill, 2101 Freeway Boulevard, to the first City Council meeting in January 2009. Motion passed unanimously. 11g. RESOLUTION NO. 2008-146 AMENDING CITY COUNCIL CODE OF POLICIES; SECTION 1.4 ORDER OF BUSINESS Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-146 Amending City Council Code of Policies; Section 1.4 of Business. Mayor Willson provided an overview of the proposed amendment to City Council Code of Policies; Section 1.4 Order of Business. 12/08/08 -10- Motion passed unanimously. llh. RESOLUTION NO. 2008-147 SETTING 2009 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-147 Setting 2009 Employer Benefits Contribution for Full-Time Non-Union Employees. Motion passed unanimously. Ili. RESOLUTION NO. 2008-148 SETTING SALARIES FOR CALENDAR YEAR 2009 Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008-148 Setting Salaries for Calendar Year 2009, with the proposed salary increases of 3% amended to 2.5%. Mayor Willson, Councilmembers Ryan and Lasman voted against the same. Motion failed. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-148 Setting Salaries for Calendar Year 2009. There was discussion on employee pay scales. Councilmember O'Connor moved and Councilmember Yelich seconded to amend the motion on the floor to amend the proposed salary increases to 3% for all employees that currently have a salary of $90,000 or less and 2% for employees that currently have a salary over $90,000. Mayor Willson, Councilmembers Ryan and Lasman voted against the same. Motion failed. It was noted that the 2009 budget has been set with the proposed salaries, and that going forward in 2010 more adjustments may be necessary. Councilmember Yelich moved to amend the motion on the floor to approve RESOLUTION NO. 2008-148 Setting Salaries for Calendar Year 2009, with the proposed salary increases of 3% amended to 2.5%. Mayor Willson ruled the motion as out of order, as the proposed amendment has been voted on and failed. It was noted that possible issues with local government aid and the state budget are unresolved at this time and that staff and Council have worked on this budget process throughout the year. Councilmembers O'Connor and Yelich voted against the same. Motion passed. 12/08/08 -11- llj. RESOLUTION NO. 2008-149 ACCEPTING OFFER ON THE SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B AND PROVIDING FOR THEIR ISSUANCE Mr. Jordet introduced the item, provided background information, and presented an overview of the bids on the sale of $2,390,000 General Obligation Improvement Bonds, Series 2008B. Ms. Brenda Krueger, Springsted Inc., provided information on the confirmation of the City's Al bond rating by Moody's Investors Service. She stated Moody's was very interested in the growth of the City's commercial tax base and the redevelopment activities taking place. This helps to offset the recent residential foreclosures, which tend to be stabilizing at this time. Moody's also notes the strong financial condition of the community, the strong fiscal management, and the ample reserves that are in place. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-149 Accepting Offer on the Sale of $2,390,000 General Obligation Improvement Bonds, Series 2008B and Providing for Their Issuance. There was discussion on the interest rate and administrative fees in relation to the proposed sale of bonds. Councilmember O'Connor stated her opposition to the proposed sale of bonds. It was noted that the sale of bonds pays the front-end cost for residents that are unable to pay the full assessment for street reconstruction projects. Councilmembers Lasman, Yelich, and Ryan and Mayor Willson stated their support of the Street Reconstruction Program. Councilmember O'Connor voted against the same. Motion passed. llk. FEE SCHEDULE FOR CERTAIN INSPECTION AND NEIGHBORHOOD MAINTENANCE SERVICES 1. RESOLUTION NO. 2008-150 AMENDING THE SCHEDULE FOR REINSPECTION FEES AND ADDING A SERVICE CHARGE FOR CITY- FACILITATED ABATEMENT Mr. Boganey introduced the item and provided background information on the proposed resolution. Ms. Schleuning provided an overview of the proposed resolutions relating to the fee schedule for certain inspection and neighborhood maintenance services. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-150 Amending the Schedule for Re-Inspection Fees and Adding a Service Charge for City-Facilitated Abatement. Councilmember O'Connor voted against the same. Motion passed. 1 12/08/08 -12- 2. RESOLUTION NO. 2008-151 AMENDING THE SCHEDULE ADDING A FEE FOR VACANT BUILDING REGISTRATION, RE-OCCUPANCY INSPECTIONS, AND RENTAL CONVERSIONS Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-151 Adding a Fee for Vacant Building Registration, Re-Occupancy Inspections, and Rental Conversions, with staff to bring forward a recommended amendment to the Re-Occupancy Inspection Fees to include triplexes and quads at the first City Council meeting in January 2009. There was discussion on the legality of charging individuals for having a vacant building in the City. Mr. LeFevere advised there are a number of cities with similar arrangements and he is not aware of any successful challenges. This is an administrative fee for the City to recover its costs in the registration and maintenance process involved with vacant buildings. It was noted that there is a snowbird provision included in the Vacant Building Registration Program. Councilmember O'Connor voted against the same. Motion passed. 111. RESOLUTION NO. 2008-152 AUTHORIZING EMPLOYEE USE OF COMMUNITY CENTER AT NO CHARGE Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. There was discussion on whether it is appropriate to allow City employees to use the community center at no charge. Mr. LeFevere noted the public purpose of the proposed use of the community center would be to reduce absenteeism as stated in the staff report. There are many employers in the private sector that provide this type of benefit as part of an employment package. He advised he does not think there is a risk of the City being successfully sued for offering the proposed benefit to the employees. It was noted the costs are fixed and will be the same whether or not the facility is used by City employees. Mr. Boganey noted an additional potential benefit to the City is that employees may choose to upgrade to a family membership which would generate additional revenue to the operation of the community center. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-152 Authorizing Employee Use of Community Center at No Charge. Mr. Boganey stated the employee use of the community center will be tracked on an annual basis to determine if there are direct health benefits that occur. Councilmember O'Connor voted against the same. Motion passed. 11m. ANNOUNCEMENT OF EXECUTIVE SESSION Mr. LeFevere announced an exception to the open meeting law allows the City Council to meet in closed executive session for attorney/client privileged communications with legal counsel. In this case the pending litigation is the suit between the City of Brooklyn Center and Center Pointe Apartments. The purpose of closing the meeting would be to discuss the status, strategy, possible opportunity for settlement, and the like. It is the opinion of the Council that it is not in the public 12/08/08 -13- interest that those discussions occur in the public forum. The City Council meeting may be adjourned from the executive session, as the purpose of the executive session will not require the City Council to reconvene and take action. 12. ADJOURNMENT TO EXECUTIVE SESSION Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:12 p.m. to Executive Session. Motion passed unanimously. 1 1 12/08/08 -14- 1 1 1 STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Certification of Minutes 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 December 8, 2008. 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 12, 2009, Regular Session. "Lqjw / Clerk Mayor 12/08/08 -15-