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HomeMy WebLinkAbout2009 05-11 CCM Regular Session1 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 MAY 11, 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 6:46 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, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Community Development Specialist Tom Bublitz, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Commander Kevin Benner, 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 Ryan moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich 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, Community Development 05/11/09 -1- Specialist Tom Bublitz, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Commander Kevin Benner, City Attorney Charlie LeFevere, 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: 05/11/09 6a. APPROVAL OF MINUTES 1. April 20, 2009 Board of Appeal and Equalization 2. April 27, 2009 Study Session 3. April 27, 2009 Regular Session 4. April 27, 2009 Work Session 5. May 4, 2009 Board of Appeal and Equalization 6b. LICENSES FIREWORKS PERMANENT Big Lots Target Corp. Walgreen Company MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick Pontiac GMC Luther Brookdale Chevrolet MECHANICAL Midland Heating and Air St. Paul Plumbing and Htg. Co United Heating and Air RENTAL INITIAL 5329 -33 Brooklyn Blvd 910 55 Ave N 707 58 Ave N 5317 72 Cir 5857 Colfax Ave N 5856 Dupont Ave N 6807 Dupont Ave N 6401 Emerson Ave N -2- 5930 Earle Brown Drive 6100 Shingle Creek Pkwy 6390 Brooklyn Blvd 4301 68 Avenue 6701 Brooklyn Blvd 413 West 60 Street, Minneapolis 640 Grand Avenue, St. Paul 1295 Hackmore Road, Medina Tech Ung Francis McLain Neng Yang Alkis Michaelides Doug Wahl Jack Froelke Jorge Sanchez Jennifer Leif Ronken 1 6819 Humboldt Ave N A304 6324 Indiana Ave N 7124 Indiana Ave N 5924 June Ave N 6413 June Ave N RENEWAL 4210 Lakebreeze Ave 507 69 Ave N 6018 Admiral P1 3806 Eckberg Dr SIGNHANGER Leroy Signs, Inc. Park Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009 -65 EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT A. O'KONEK FOR OVER 18 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2009 -65 Expressing Recognition and Appreciation of Robert A. O'Konek for Over 18 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson recited Resolution No. 2009 -65. Motion passed unanimously. 7b. PROCLAMATION DECLARING MAY 17 -23, 2009, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mr. Boganey introduced the item and stated the purpose of the proposed proclamation. Councilmember Ryan moved and Councilmember Lasman seconded to adopt the PROCLAMATION declaring May 17 -23, 2009, Public Works Week in Brooklyn Center. Mayor Willson recited the proclamation declaring May 17 -23, 2009, Public Works Week in Brooklyn Center. Motion passed unanimously. 05/11/09 -3- Lee Stewart Jared Lundgren Weyu Bekuto Tou Vue Doug Wahl James Bobbi Simons Outreach Six Acres Inc. Lutheran Social Service of MN Jesus Preiado 6325 Welcome Avenue N, Brooklyn 7c. RESOLUTION NO. 2009-66 RECOGNIZING MAY 10 THROUGH MAY 16, 2009, AS POLICE WEEK AND MAY 15, 2009 AS PEACE OFFICERS MEMORIAL DAY Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -66 Recognizing May 10 through May 16, 2009, as Police Week and May 15, 2009 as Peace Officers Memorial Day. Mayor Willson recited Resolution No. 2009 -66. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO PLANNING COMMISSION Mayor Willson announced the appointment of Ms. JoAnn Campbell Sudduth to the Planning Commission with term expiring December 31, 2009. Councilmember Lasman moved and Councilmember Roche seconded to ratify the mayoral appointment of Ms. JoAnn Campbell Sudduth to the Planning Commission with term expiring December 31, 2009. Motion passed unanimously. 10b. CONSIDERATION OF LIQUOR LICENSE FOR CHILITOS MEXICAN GRILL, 2101 FREEWAY BOULEVARD Motion passed unanimously. 05/11/09 -4- City Attorney LeFevere stated staff is recommending that the hearing be continued to July 13, 2009, at the request of legal counsel for the liquor license applicant. Councilmember Lasman moved and Councilmember Yelich seconded to continue the hearing for consideration of liquor license for Chilitos Mexican Grill, 2101 Freeway Boulevard, to July 13, 2009. 1 1 1 1 1 1 10c. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and informed the Council that according to City ordinance, the rental property located at 5301 Dupont Avenue North has exceeded the .65 calls for service per unit. The licensee was provided with notice of that fact and under the ordinance was requested to submit an application for a provisional license. The applicant in response to that directive and letter from the City Manager has indicated that he would not wish to apply for a provisional license but rather to request a hearing before the City Council on the application. The purpose of tonight's hearing is to allow the licensee to show cause why a provisional license should not be required under the City's ordinance. Commander Benner provided background information on the rental license for 5301 Dupont Avenue North. He stated on May 6, 2009, the property owner submitted a mitigation plan for the property. Staff feels that the mitigation plan meets the objective of the ordinance to ensure that this is a safe and secure property and recommends approval of the plan. Mr. Boganey clarified that the submission of a mitigation plan is a requirement under the ordinance in order to receive a provisional license; it is not to be provided in lieu of a provisional license. There was discussion on the phases involved in the Crime Free Housing Program. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Lasman stated her position that the Council should support the City's ordinance, which includes the provisional license as a way to put parameters in place and protect the City. Councilmember Lasman moved and Councilmember Yelich seconded to deny a rental license in lieu of a provisional license for the rental property located at 5301 Dupont Avenue North, and to recommend that a provisional license be the preferred license choice. Mr. LeFevere advised that the decision to deny a rental license should be accompanied by findings. He recommended that Council direct staff to prepare findings to be brought back to the next City Council meeting. The motion on the floor was withdrawn. 05/11/09 -5- Councilmember Lasman moved and Councilmember Ryan seconded to direct staff to prepare findings in support of denial of a rental license for the rental property located at 5301 Dupont Avenue North. Motion passed unanimously. Mr. LeFevere advised that Council could consider that this was somewhat of an unusual case where all of the calls for service were related to a specific tenant, and that tenant is no longer at the property. The police have reported that the landlord responded appropriately. If the concept of a mitigation plan is a flexible tool to address specific problems that exist at the facility, in this case the problem has been addressed. If the Council feels that this mitigation plan is adequate they could make that decision tonight and it would speed up the process, rather than requiring the applicant to come back for a decision on the provisional license. Mayor Willson stated his support of a mitigation plan with requirements for sufficient screening of tenants. Mr. Boganey indicated that the mitigation plan will be presented at the time the provisional license is to be considered. He noted at this time the applicant has not applied for a provisional license. Councilmember Ryan stated his support to review the staff report with a recommendation on how to proceed at an upcoming City Council meeting. 10d. RESOLUTION NO. 2009 -67 APPROVING SUBRECIPIENrk AGREEMENT FOR HENNEPIN COUNTY NEIGHBORHOOD STABILIZATION PROGRAM Mr. Eitel provided a brief PowerPoint presentation on the subrecipient agreement for the Hennepin County Neighborhood Stabilization Program. Mr. Eitel and Mr. Bublitz answered questions of the City Council on the subrecipient agreement. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -67 Approving Subrecipient Agreement for Hennepin County Neighborhood Stabilization Program. There was discussion on restrictions on the Neighborhood Stabilization Program funds, specifically in relation to the time requirement for committing and spending funds. Mayor Willson commended staff for the work involved in bringing stimulus funds into the City. Motion passed unanimously. 10e. RESOLUTION NO. 2009 -68 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 25 THROUGH JUNE 28, 2009 05/11/09 -6- 1 1 1 1 1 1 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -68 Declaring Earle Brown Days as a Civic Event from June 25 through June 28, 2009. Mayor Willson recited Resolution No. 2009 -68. Motion passed unanimously. 10f. RESOLUTION NO. 2009 -69 AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE SAFE AND SOBER COMMUNITIES GRANT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -69 Authorizing the Execution of Agreement for the Safe and Sober Communities Grant. Mayor Willson recited Resolution No. 2009 -69. Mayor Willson commended staff for continuing to work with Hennepin County and police departments in the area in a cooperative fashion. Motion passed unanimously. 10g. RESOLUTION NO. 2009 -70 PROCLAIMING BROOKLYN CENTER A 2010 CENSUS PARTNER Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the proposed resolution. She answered questions of the City Council in regards to the time period of the 2010 Census, efforts to work with different ethnic groups, and the possible impact on the Census resulting from vacant housing and foreclosures in the City. It was noted that Minnesota will lose an estimated $10,000 per missed person in the 2010 Census with a potential of lost representation in the U.S. House of Representatives as well as redistricting of state legislatures. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -70 Proclaiming Brooklyn Center a 2010 Census Partner. Motion passed unanimously. Mayor Willson thanked staff for efforts in area of the Census. 05/11/09 -7- 10h. RESOLUTION NO. 2009 -71 AMENDING SPECIAL ASSESSMENT LEVY NOS. 17348 AND 17349 TO RESCIND CERTAIN ASSESSMENTS FOR WEED REMOVAL AND NUISANCE ABATEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -71 Amending Special Assessment Levy Nos. 17348 and 17349 to Rescind Certain Assessments for Weed Removal and Nuisance Abatements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: April 29, 2009, Evergreen Park Neighborhood Meeting: The Park and Recreation Commission and staff met with the neighbors about concerns regarding unwelcome activity in the Evergreen Park area. A list was identified with items of concern. Staff is in the process of identifying which of those items are appropriate for the Park and Recreation Commission to consider and other items are being forwarded to the appropriate departments to be handled. April 30, 2009, FBI Field Office announcement May 5, 2009, Brooklyn Center Reads Cinco de Mayo Event at Br Dokdale Councilmember Lasman reported on the Sunday Star Tribune community spotlight article highlighting Brooklyn Center with information on places to eat, drink, play, live, and shop. She reported on her attendance at the following events: April 29, 2009, Evergreen Park Neighborhood Meeting April 29, 2009, Tour of the new Embassy Suites May 2, 2009, Brooklyn Center Prayer Breakfast May 4, 2009, Board of Equalization public hearing continuation May 5, 2009, Brooklyn Center Reads Cinco de Mayo Event at Brookdale May 6, 2009, Crime Prevention Golf Tournament Meeting: The tournament is scheduled for Friday, May 13 Openings remain for the tournament and dinner, and there is a need for more sponsorships and prizes to be donated. Councilmember Roche reported on the following upcoming events: Taste of Northwest at Embassy Suites on Thursday, May 14; 4:00 to 8:00 p.m. Brooklyn Center Crime Prevention Program Summer Safety Workshop on May 19 Crime Prevention Golf Tournament at Centerbrook Golf Course on Friday, May 13 Earle Brown Days: Discussions on signage for the event is progressing very well and parade entry forms are available at City Hall or on the City website. 05/11/09 -8- 1 1 1 Councilmember Roche stated he received a letter from Pastor Jerry O'Neil regarding the Brooklyn Center Prayer Breakfast, and that together they will make this community better. He reported on his attendance at the following events: May 5, 2009, Brooklyn Center Reads Cinco de Mayo Event May 7, 2009, Aldrich Neighborhood Reconstruction Meeting May 4, 2009, Board of Appeal and Equalization public hearing continuation April 30, 2009, FBI Field Office announcement on the $54 million investment coming into the City Councilmember Ryan reported on his attendance at the following events: April 29, 2009, League of Minnesota Cities Legislative Conference April 30, 2009, announcement naming the developer of the new FBI regional center to be located at 65 and Humboldt. One fact to highlight about the development is that under the PUD it is required that the land and the property be sold to a private developer. It will be subject to local property taxes and the City will reap the full benefits of the value of the $54 million project. May 5, 2009, Brooklyn Center Reads Cinco de Mayo Event at Brookdale May 7, 2009, Aldrich Neighborhood Preconstruction Meeting Mayor Willson reported on throwing the first pitch for Brooklyn Center American Little League on May 2, 2009. He reported on to a letter received from the Minnesota and Wisconsin River Valleys Girl Scouts. Brooklyn Center resident Ashlee Kephart will be honored during a Girl Scout ceremony for Kids Connect, her Girl Scout Gold Award Project. He requested staff to prepare a proclamation to be presented to the City Council for adoption and sent to the Girl Scout organization. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:09 p.m. Motion passed unanimously. 05/11/09 -9- STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) 05/11/09 -10- 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 May 11, 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 May 26, 2009, Regular Session. Mayor 1 1 1