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HomeMy WebLinkAbout2009 06-08 CCM Regular Session 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 JUNE 8, 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Ron Warren, Assistant City Manager /Director of Building and Community Standards Vicki Schleuning, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, 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. Mr. Scott William Holthus, 1821 55 Avenue North, addressed the City Council and stated he is present tonight to speak about the property located at 5601 Logan Avenue North. Mr. Holthus informed the Council about his father's previous employment with the City of Brooklyn Center. He stated his roots are deep in Brooklyn Center and provided information about his family's ties to the property and the neighborhood. Mr. Holthus stated he has taken note of all the flaws of this property. He expressed concern that there will be a large vacant lot in this location if the City tears the house down, and stated there are a couple of extraordinary people that would like to purchase this home. He presented the Council with a contract for deed proposal to purchase the property. He stated he will work with anyone to make this happen. He has restored three houses and is used to this work. Ms. Carol Klevin, 5835 Zenith Avenue North, addressed the City Council and stated her concern regarding the City taking down her garage sale signs. She expressed her position that she was providing a good service to new homeowners with her sale. She provided information on garage sale signs that were not removed while her signs were taken down and returned to her. Ms. Klevin stated the cities of Maple Grove, Osseo, Edina, Richfield and Fridley informed her they only pick up signs if someone calls in with a protest. In these cities signs can be placed on the boulevard but cannot block the sight of drivers, and the only requirement is to ask the homeowners permission. She expressed concern that the sign code is not being equally enforced. She stated she contacted the Police Department about real estate signs and was told there are no laws about these signs. These signs are up for weeks and months, while the longest garage sale signs can be up is three days. Ms. Klevin requested assurance that after she goes through the time and effort required for the preparation of her Memorial Day garage sale next year that her signs will not be taken down, and that she can put the signs on the boulevard in locations that do not block sight lines. 06/08/09 -1- Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Mike Meyer, Brooklyn Center Lions Club, provided 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 7:04 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Ron Warren, Assistant City Manager /Director of Building and Community Standards Vicki Schleuning, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, 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: 6a. APPROVAL OF MINUTES 1. May 26, 2009 Study Session 2. May 26, 2009 Regular Session 3. May 26, 2009 Work Session 4. June 1, 2009 Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Hanzen Heating, Inc. 16218 Eveleth St NE, Ham Lake Hertz Mechanical Inc. 19561 Vernon St, Elk River High Road Heating and Cooling 6650 Winfield Circle N, Rockford McChesney Heating and Air Conditioning 8201 175 Avenue SE, Becker Northern Plumbing 7401 Central Avenue, Fridley 06/08/09 -2- RENTAL INITIAL 410662 n1 Ave N Scott Egan 4824 71" Ave N Danny Angell 6117 Beard Ave N Cynthia Grant 7142 France Ave N Deepak Nath 5306 Irving Ave N Jason Cramer 5443 Irving Ave N Doug Wahl 6400 Quail Ave N Pavel Sakurets 4318 Winchester Ln Deepak Nath 6662 Xerxes PI N Matthew Barnes RENEWAL 5415 69 Ave N Maranatha Place Center Park Senior Apts 370147" Ave N Ryan Creek Manor Drew Kabanuk 110757 th Ave N Bob Robson 1100 69 Ave N Evangelical Lutheran Church of the Master 3612 55 Ave N Lutheran Social Service of MN 6777 Humboldt Ave N Andrey Ryvlin 2812 O'Henry Rd Mains'l Properties Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. CENTERPOINT ENERGY GRANT FAITH PEDERSON RESOLUTION EXPRESSING APPRECATION FOR THE DONATION OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP FOR A $2,500 GRANT TO PURCHASE EMERGENCY RESPONSE AND SAFETY EQUIPMENT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. CenterPoint Energy had requested the opportunity to present the City with this grant; however there is not a representative present tonight. It is at the Council's discretion whether they would like to adopt the proposed resolution or table the item to allow for CenterPoint Energy to make the presentation. Councilmember Lasman moved and Councilmember Ryan seconded to table a RESOLUTION Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment, in order to allow the opportunity for the donor to be present. Motion passed unanimously. 8. PUBLIC HEARING -None. 06/08/09 -3- 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2009 -002 SUBMITTED BY BKV GROUP. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A NEW COMMUNITY BUILDING /CLUBHOUSE AND THE RENOVATION/ REDEVELOPMENT OF THE EWING SQUARE TOWNHOUSES LOCATED AT 6130 THROUGH 6242 FRANCE AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 28, 2009 MEETING. Mr. Warren provided an overview of Planning Commission Application No. 2009 -002 and advised the Planning Commission recommended approval of the application at its May 28, 2009 meeting. Mr. Warren answered questions of the City Council regarding the site and building plan for a new community building /clubhouse and the renovation/redevelopment of the Ewing Square Townhouses located at 6130 through 5242 France Avenue North. It was noted that the renovation will be completed on a building -by- building basis. Councilmember Roche suggested the landscape plan be amended in the northeast corner next to Brooklyn Boulevard to include more sustainable trees for this area, such as black hill spruce and/or Colorado blue spruce. Mr. Gary Vogal of BKV Architects, representing the applicant, indicated he will inform the landscape architect about the suggestion for the trees. He provided information on the exterior materials to be included in the renovation. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2009 -002 subject to the following conditions of the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. All outside trash disposal facilities and roof top or on- ground mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 6. B -612 curb and gutter shall be provided around all parking and driving areas as approved by the City Engineer. 7. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 10. All site lighting shall be consistent with Section 35 -712 of the City Ordinances. 06/08/09 -4- Councilmember Yelich suggested the applicant take advantage of the environmental safety design review the Police Department provides for local businesses. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and provided background information on the renewal of a rental license for 5301 Dupont Avenue North. Police Chief Scott Bechtold provided an overview of the Calls for Service Report for 5301 Dupont Avenue North. He advised on staff's recommendation to deny the rental license for 5301 Dupont Avenue North. There was discussion on the pricing difference relative to regular and provisional licenses. Mr. Boganey indicated that a provisional carries a higher fee than a regular license and must be renewed every 6 months as opposed to every 2 years. Councilmember Lasman moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Mr. Spencer Ung, 5301 Dupont Avenue North, addressed the City Council and stated he and his brother are landlords of the subject property. They purchased the property 4 %2 years ago. They are there every week to check on the property and are aware of what is going on inside and outside of the property. They have made a significant improvement on the property by paving the strip of alley that has been gravel since the building was built, and they have moved the trash towards the street away from the neighbors as requested. He stated the incident in February is the worst they have seen in the four years of their ownership. The problems are due to one tenant. The original tenant was her boyfriend and he moved out; she stayed there and that is when the problems started. Mr. Ung stated his position that the tenant could not be removed sooner due to the slow eviction and court process, and that the second and third violations occurred while waiting for the court process. He stated they are responsible landlords and have worked proactively with Crime Prevention Specialist Becky Boie in trying to take care of this. They are requesting a regular license, not a provisional license. Mr. Ung stated they attended the neighborhood community meeting on March 11, 2009 and they have talked with residents at the complex to look out for suspicious activities. They have been more careful in screening applicants and they have added a resident caretaker on the property. All the sliding windows on the lower level of the building now have anti sliding devices for security measures. He completed the Minnesota Crime Free Housing Program training on May 2" d and is committed to attending any future neighborhood community meetings concerning the properties. Mr. Ung stated they are taking proactive steps; the provisional license should not be applied to them because the problems were caused by one single tenant that has been evicted. He expressed concern that the .65 calls per unit is not fair to a small apartment building such as this in comparison to a 100 -unit apartment building. In addition, the property location is across from Minneapolis on a corner lot next to a bus stop. They have had break -ins in the parking lot and have had illegal dumping of furniture on the property they have had to take care of. When they purchased this apartment 4 '/2 years ago they did not look at the financials. They have not made a dime off this property; they have had to put 06/08/09 -5- in $14,000 to $18,000 per year to cover additional expenses on the property. They have responded in taking care of the situation the best they can and believe they should not be subject to this provisional license. They are responsible landlords and are trying to resolve this issue. In response to questions of the City Council, Mr. Ung stated a background check was not completed on the problem tenant, that she signed the lease with her boyfriend and signed a new lease when he moved out. The lease included a crime free addendum. He informed the Council his concern about having a provisional license is with bothering his tenants with random checks by the City, the paperwork involved, and taking time off work to meet with the City. City Attorney Charlie LeFevere answered questions of the City Council regarding the rental license ordinance. He advised that the property either qualifies or does not qualify for a regular license. It is not a violation of the ordinance that results in a mitigation plan; rather it is a state of circumstances under which one qualifies under one or another type of license. The question is whether there have been a sufficient number of properly accountable calls for service so that the property no longer qualifies for a regular license. He explained under the ordinance, each property carries a one -year trail of history so that whether the property can qualify again in six months will depend on how many violations occurred in the prior one -year period. In this case there have been enough violations so that the property likely cannot qualify for a regular license in one year; there will need to be at least two provisional license cycles. Mr. LeFevere advised that the Police Department acknowledges that the landlord has acted responsibly to the problem. A property not qualifying for a regular license is not a violation. There will be bad property managers who still qualify for a regular license and good property owners that do not. Depending on the property and the nature of the facility, a property owner could have a provisional license indefinitely, which is satisfactory as long as they keep up with an approved mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Mr. Boganey advised that the applicant has appealed the determination by the City Manager that the subject property does not qualify for a regular license. The two options for the City Council are to approve the renewal rental license or not renew the regular rental license. He recommended the Council direct that findings of fact and a resolution be prepared for either option. Councilmember Roche moved and Councilmember Lasman seconded to uphold the determination of the City Manager that the property at 5301 Dupont Avenue North is not eligible for a regular rental license, with a follow up of findings of fact to be presented to Council. Councilmember Yelich complimented Mr. Ung for responding to the problems he encountered and stated he is an example of the kind of responsible management the City wants to encourage. He stated his position that the error in judgment of not screening the new tenant is the finding of fact that persuades him to support this motion. He encouraged Mr. Ung to seek out the provisional license and continue his operation in a responsible manner. Councilmember Ryan concurred. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -75 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR STREET LIGHT BANNERS 06/08/09 -6- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -76 Amending the City Council Code of Policies; Adding Policy for Street Light Banners. Motion passed unanimously. 10c. AN ORDINANCE AMENDING SECTION 1 -265 OF THE CITY CODE OF ORDINANCES RELATING TO REGISTRATION OF DANGEROUS DOGS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Yelich moved and Councilmember Ryan seconded to approve the first reading of an Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs, and setting second reading and Public Hearing for July 13, 2009. Motion passed unanimously. 10d. RESOLUTION NO. 2009 -76 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2008 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Director of Fiscal Support Services Dan Jordet provided highlights on the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2008. He reported on the Unqualified or "Clean" Opinion and stated this is due in large part to the oversight and preparations of Assistant Finance Director Clara Hilger. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -76 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2008. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the June 3, 2009 Eleanor Lane Neighborhood Safety Meeting. Compliments to Police Commander Benner and Crime Prevention Specialist Boie for their work and a thank you to resident Chris Lawrence- Anderson for her coordination of the meeting. Councilmember Lasman reported on her attendance at the following events: May 28, 2009 Garden City Neighborhood Meeting. Residents are encouraged to attend these meetings that will be held in the four quadrants of the City. Dates for upcoming meetings are posted on the City website and in the City newsletter. 06/08/09 -7- June 1, 2009 joint work session with the Financial Commission and Auditor. The City received a clean auditors report and retained its Moody's Al bond rating. June 3, 2009 Eleanor Lane Neighborhood Safety Meeting. A reminder to parents that slingshots, bb guns and fireworks are not to be used in the City by young people. School is out; a reminder to be careful to watch for young people out playing. Councilmember Roche commented on the recent bad circumstances with a five year old in the City and thanked the Fire and Police Departments for looking out for young children. He reported on the Earle Brown Days meeting tomorrow, June 9 Earle Brown Days is scheduled for June 25' 28 th The parade will be on Dupont Avenue from 59 69 and there will be events Friday, Saturday and Sunday. He reported on his attendance at the following events: May 28 2009 Garden City Neighborhood Meeting. Compliments to Director of Business and Development Gary Eitel for his response to questions on economic development in the City. June 1, 2009 joint work session with the Financial Commission and Auditor Walking tour of the Earle Brown Heritage Center this weekend with the Cub Scouts Councilmember Ryan reported on his attendance at the following events and the upcoming events: May 28, 2009 Garden City Neighborhood Meeting, the first of four neighborhood area meetings. The focus of the meeting was public safety. The next neighborhood meeting is scheduled for Thursday, July 23` at Grandview Park. June 1, 2009 joint work session with the Financial Commission on the auditor's report. The City received an "Unqualified Opinion" that detailed the City is in good financial condition and performing to best practices and standards of financial reporting. There was also a favorable mention of the City's low debt level and Al bond rating. June 3, 2009 Eleanor Lane Neighborhood Meeting. Compliments to Chris Lawrence- Anderson for getting the neighbors involved in being very aware of public safety issues. There was discussion that fireworks, slingshots and bb guns are not allowed in the City. June 9, 2009 Brooklyn Center High School Alumni Dinner June 11, 2009 reception for the grand opening of the new Embassy Suites June 12, 2009 he will do his annual ride -along with the Brooklyn Center Police Department. Mayor Willson recited a letter received from a citizen commending employee Tom Leonhardt for his guidance of the street project in their area, his people skills and know -how, and his excellent representation of the City of Brooklyn Center. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:37 p.m. Motion passed unanimously. 06/08/09 -8- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) 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 June 8, 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 June 22, 2009, Regular Session. City lerk Mayor or G Y 06108109 -9-