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
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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:
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
CITY OF BROOKLYN CENTER)
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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
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